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DAVIS v. HOWARD

No. 75-3799.

561 F.2d 565 (1977)

Moses DAVIS, Jr., et al., for themselves Individually and as members and representatives of a class of other persons similarly situated, Plaintiffs-Appellants, v. James HOWARD et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 17, 1977.

Attorney(s) appearing for the Case

Thomas L. Carter, Jr., Atlanta, Ga., Jules Bernstein, Phillis Payne, Washington, D.C., for plaintiffs-appellants.

David Crosland, Robert H. Stroup, Atlanta, Ga., for Local 1644 et al.

A. L. Zwerdling, Gen. Counsel, Janet G. Kohn, Larry P. Weinberg, Washington, D.C., for AFSCME.

John E. Dougherty, Asst. City Atty., Dept. of Law, Atlanta, Ga., for defendants-appellees.

Before GODBOLD and CLARK, Circuit Judges, and HOFFMAN, District Judge.

PER CURIAM:

The question presented by appellants before the trial court was whether arbitration is a factual issue going beyond Article XX of the AFL-CIO Constitution. That provision supplies settlement procedures for internal disputes among AFL-CIO affiliates.1 Our question on appeal is, however, whether the trial court properly employed Rule 12(b)(6), F.R.C.P., in disposing of that issue.

The appeal arises from an alleged class...

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