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ABRAMS v. CARRIER CORPORATION

No. 408, Docket 33940.

434 F.2d 1234 (1970)

Ernest E. ABRAMS et al., Plaintiffs-Appellants, v. The CARRIER CORPORATION, United Steelworkers of America, AFL-CIO, an Unincorporated Association, the Sheet Metal Workers International Association, AFL-CIO, an Unincorporated Association, and Sheet Metal Workers Union, Local No. 527, AFL-CIO, an Unincorporated Association, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 4, 1970.

Attorney(s) appearing for the Case

Nicholas H. Politan, Jersey City, N. J. (Krieger, Chodash & Politan, Jersey City, N. J., on the brief), for appellants.

Theophil C. Kammholz, Washington, D. C. (Stanley R. Strauss, Kenneth C. McGuiness, Washington, D. C., David W. Jasper and M. Harold Dwyer, Syracuse, N. Y., on the brief; Vedder, Price, Kaufman & Kammholz, Washington, D. C., Hancock, Ryan, Shove & Hust, Syracuse, N. Y., of counsel), for appellee Carrier Corp.

George H. Cohen, Washington, D. C. (Elliot Bredhoff, Michael H. Gottesman, Washington, D. C., and Nathan Witt, New York City, on the brief; Bernard Kleiman, Chicago, Ill., of counsel), for appellee United Steelworkers of America, AFL-CIO.

Bernard T. King, Syracuse, N. Y., Donald W. Fisher, Toledo, Ohio (Blitman & King, Syracuse, N. Y., and Mulholland, Hickey & Lyman, Toledo, Ohio, of counsel), for appellees Sheet Metal Workers' International Assn., AFL-CIO, and Sheet Metal Workers Union Local No. 527, AFL-CIO.

Before WATERMAN and ANDERSON, Circuit Judges, and BARTELS, District Judge.

BARTELS, District Judge:

Plaintiffs appeal from an order of the United States District Court for the Northern District of New York (Port, J.) dismissing their amended complaint against all the defendants, principally upon the grounds of lack of subject-matter jurisdiction and failure to state a claim upon which relief can be granted.

Jurisdiction is alleged under Section 301 of the Labor Management Relations Act of 1947 ("LMRA"), 29 U.S.C. § 185, and...

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