Opinion · Court of Appeals for the Third Circuit

Cornelio v. Metropolitan District Council of Philadelphia & Vicinity of United Brotherhood of Carpenters & Joiners of America

Cornelio v. Metro. Dist. Council of Phila. & Vicinity of United Bhd. of Carpenters & Joiners of Am., 358 F.2d 728 (3d Cir. 1966)

Type
Opinion
Court
Court of Appeals for the Third Circuit
Jurisdiction
Federal
Date
1966-04-06
Topic
general

PER CURIAM. 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.

Citator

UpLaw has not yet analyzed Cornelio v. Metropolitan District Council of Philadelphia & Vicinity of United Brotherhood of Carpenters & Joiners of America. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
1 opinion
CORNELIO v. METRO. DIST. COUNCIL OF PHIL.,358 F.2d 728(3rd Cir. 1966)
George Anthony CORNELIO, Appellant, 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, Appellees.
No. 15596.
United States Court of Appeals, Third Circuit.
Argued March 7, 1966.
Decided April 6, 1966.
Rehearing Denied May 2, 1966.
Page 729
Edward L. Minnich, Jr., Philadelphia, Pa., for appellant.

M.H. Goldstein, Philadelphia, Pa., for appellees.
Before SMITH and FREEDMAN, Circuit Judges, and MILLER, District Judge.
PER CURIAM.
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 redressable 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.