WASH. LOCAL v. INTERN. BROTH. OF BOILERMAKERS

Nos. 79-4427, 79-4621.

621 F.2d 1032 (1980)

WASHINGTON LOCAL LODGE NO. 104 OF the INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, AFL-CIO, et al., Plaintiffs-Appellees, v. The INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS, BLACKSMITHS, FORGERS AND HELPERS, AFL-CIO, Defendant-Appellant. Phil MITCHELL, Ed Haddix, Victor Allinger, Laurence Dickson, Robert Matherly, Roger Fontaine, Fred Herschel, Ronald Gattin, Frank Lavadour and all others similarly situated, Plaintiffs-Appellees, v. INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS, BLACKSMITHS, FORGERS AND HELPERS, AFL-CIO, a labor organization; Oregon Local Lodge No. 72 of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO, a labor organization, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 25, 1980.


Attorney(s) appearing for the Case

Herman L. Wacker, William A. Roberts, Seattle, Wash., for defendants-appellants.

Janes A. Grutz, Jackson, Ulvestad, Goodwin & Grutz, Seattle, Wash., for plaintiffs-appellees.

Before WRIGHT and SCHROEDER, Circuit Judges, and TAYLOR, Senior District Judge.


EUGENE A. WRIGHT, Circuit Judge:

Each of these related cases was filed originally in a state court. Because the plaintiffs in each case did not contest the defendant's petition to remove to federal court, the district courts made no findings on the question of federal jurisdiction. For a determination of the difficult jurisdictional issues, we must remand to the district courts.

FACTS

The International Brotherhood of Boilermakers held hearings...

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