Michigan Court of Appeals, 1966

Scally v. Communications Workers

Scally v. Communications Workers
Michigan Court of Appeals · Decided July 12, 1966 · Fitzgerald, Gillis, Quinn
3 Mich. App. 737; 143 N.W.2d 599; 1966 Mich. App. LEXIS 723

Scally v. Communications Workers

Opinion of the Court

Per Curiam.

Plaintiffs, members of defendant union, filed this action against the union and its officers but failed to allege that the appeal procedures of the union had been pursued. In their answer, defendants pleaded as an affirmative defense plaintiffs’ failure to exhaust intraunion remedies. Defendants then moved for accelerated judgment on the ground the court lacked jurisdiction of the subject matter, GCR 1963, 116.1(2), and the motion was granted. Plaintiffs appeal.

Kennedy v. UAW-AFL-GIO Local No. 659 (1966), 3 Mich App 629, controls. Affirmed, with costs to defendants.

J. H. Gillis, P. J., and Fitzgerald and Quinn, JJ., concurred.

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