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SOUTHEAST LA. BLDG. & C. TR. COUN. v. SCHEYD, BRENNAN, INC.

Civ. A. No. 71-227.

334 F.Supp. 720 (1971)

SOUTHEAST LOUISIANA BUILDING AND CONSTRUCTION TRADES COUNCIL (formerly Building and Construction Trades Council of Greater New Orleans) v. SCHEYD, BRENNAN, INC. and Hammond Construction, Inc.

United States District Court, E. D. Louisiana, New Orleans Division.

September 28, 1971.

Attorney(s) appearing for the Case

Victor H. Hess, Jr., of Jackson & Hess, New Orleans, La., for plaintiff.

James C. Murphy, Jr., of Sessions, Fishman, Rosenson, Snellings & Boisfontaine, New Orleans, La., for defendants.

CHRISTENBERRY, District Judge.

Defendants have brought this rule 12(b) motion to dismiss on the grounds that this court does not have jurisdiction over the subject matter because plaintiff Southeast Louisiana Building and Construction Trades Council is not a "labor organization" within the meaning of § 2(5) of the Labor-Management Relations Act, 1947 (Taft-Hartley Act), 29 U.S.C. § 152(5) (1964).1

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