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STATE v. MINIMUM SALARY DEPT. OF A.M.E. CHURCH, INC.

477 S.W.2d 11 (1972)

STATE of Tennessee, By and Through Phil M. CANALE, Jr., District Attorney General for the 15th Judicial Circuit on relation of E. Woody HALL, et al., Plaintiffs, v. MINIMUM SALARY DEPARTMENT OF the AFRICAN METHODIST EPISCOPAL CHURCH, INC., a Tennessee Corporation, et al., Defendants.

Supreme Court of Tennessee.

February 7, 1972.

Attorney(s) appearing for the Case

Eugene C. Gaerig, Asst. Dist. Atty. Gen., Montedonico, Heiskell, Davis, Canale & Glankler, Gerber, Gerber, Marshall & Ruleman, Memphis, for relators-appellees.

Hanover, Walsh, Barnes & Jalenak, Ratner, Sugarmon & Lucas, Memphis, for defendants-appellants.

OPINION

HUMPHREYS, Justice.

The majority of the Court is of opinion the motion to dismiss incorporates grounds equivalent to a demurrer and so should be treated as before this Court on discretionary appeal. The motion to dismiss is made on the basis of Rule 12.02: (1) that the courts lack jurisdiction of the subject matter; (6) the complaint fails to state a claim upon which relief can be granted; and the complaint fails to join an indispensable party.

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