U.S. Court of Appeals for the Ninth Circuit, 1955

International Longshoremen's and Warehousemen's Union, Local 142, an Unincorporated Association v. Libby, McNeill & Libby, a Corporation

International Longshoremen's and Warehousemen's Union, Local 142, an Unincorporated Association v. Libby, McNeill & Libby, a Corporation
U.S. Court of Appeals for the Ninth Circuit · Decided April 4, 1955 · Denman, Bone, Pope
221 F.2d 225; 35 L.R.R.M. (BNA) 2716; 1955 U.S. App. LEXIS 4641 (Federal Reporter, Second Series)

International Longshoremen's and Warehousemen's Union, Local 142, an Unincorporated Association v. Libby, McNeill & Libby, a Corporation

Opinion

PER CURIAM.

Appellant seeks a reversal of a decision of the Hawaiian district court dismissing a complaint against appellee seeking a declaratory judgment that the appellee owes one of the employee members of the appellant his wages for a period in which he was allegedly wrongfully discharged, and for judgment for the amount owed. Appellant relies upon Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 185 and the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202.

The decision of this appeal was withheld awaiting the opinion of the Supreme Court in a similar case, Association of Westinghouse Salaried Employees v. Westinghouse Electric Corp., 75 S.Ct. 488. The Supreme Court’s decision of March 28, 1955 holds that a federal dis *226 trict court has no jurisdiction to entertain such a complaint on either of the statutes relied upon and cannot award the damages sought.

The judgment dismissing the complaint is affirmed.

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