Cornelio v. Metropolitan District Council of Philadelphia & Vicinity of United Brotherhood of Carpenters & Joiners of America
U.S. Court of Appeals for the Third Circuit
Cornelio v. Metropolitan District Council of Philadelphia & Vicinity of United Brotherhood of Carpenters & Joiners of America, 358 F.2d 728 (3d Cir. 1966)
61 L.R.R.M. (BNA) 2688
Cornelio v. Metropolitan District Council of Philadelphia & Vicinity of United Brotherhood of Carpenters & Joiners of America
Opinion of the Court
This is a civil action in which the plaintiff attempted to invoke the jurisdiction of the court below under § 102 of the Landrum-Griffin Act, 29 U.S.C.A. § 412. The present appeal is from the dismissal of the complaint for failure to state a claim upon which relief could be granted. This dismissal was proper. The only rights and privileges redress-able under the said section are those specified in § 101 of the Act, 29 U.S.C.A. § 411. See Hughes v. Local No. 11 of International Ass’n of Bridge, etc., 287 F.2d 810 (3rd Cir. 1961). The obvious deficiency in the complaint is its failure to allege the infringement of any such right or privilege.
The judgment of the court below will be affirmed.
Reference
- Full Case Name
- George Anthony CORNELIO v. METROPOLITAN DISTRICT COUNCIL OF PHILADELPHIA AND VICINITY OF UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO by Robert H. Gray, Secretary-Treasurer and Robert H. Gray, Personally, and Local Union No. 1856 of the United Brotherhood of Carpenters and Joiners of America, by Clayton Doyle, President and United Brotherhood of Carpenters and Joiners of America, by Maurice Hutcheson, Jr., President and Benjamin T. Gray and George Gushue
- Cited By
- 1 case
- Status
- Published