INTERNATIONAL LONG. & W. UNION v. Libby, McNeill & Libby
| Citation | 221 F.2d 225 |
| Decision Date | 04 April 1955 |
| Docket Number | No. 14098.,14098. |
| Parties | INTERNATIONAL LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION, Local 142, an Unincorporated Association, Appellant, v. LIBBY, McNEILL & LIBBY, a Corporation, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Bouslog & Symonds, Myer C. Symonds, Edward H. Nakamura, Honolulu, Hawaii, for appellant.
Blaisdell & Moore, Raymond M. Torkildson, James P. Blaisdell, Honolulu, Hawaii, for appellee.
Before DENMAN, Chief Judge, and BONE and POPE, Circuit Judges.
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 district 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.
To continue reading
Request your trial
-
LOCAL 205, ETC. v. General Electric Company
...Warehousemen's Union v. Libby, McNeill & Libby, D.C.D. Hawaii 1953, 114 F.Supp. 249; Id., 115 F.Supp. 123, aff'd on other grounds 9 Cir., 1955, 221 F.2d 225. Nor does our conclusion rest on similar decisions granting relief, such as Textile Workers Union of America, C.I.O., v. Aleo Mfg. Co.......
-
LOCAL 19, WAREHOUSE, ETC. v. Buckeye Cotton Oil Co., 12652.
...a union from continuing a strike and peaceful picketing of the employer's premises. International Longshoremen's and Warehousemen's Union v. Libby, McNeill & Libby, 9 Cir., 221 F.2d 225, arose out of an action for declaratory judgment that an employee of the defendant had been wrongfully di......
-
Textile Workers Union v. Williamsport Textile Corp.
...the meaning of this term of the collective contract must meet a like fate."4 In accord, see International Longshoremen's & Warehousemen's Union v. Libby, McNeill & Libby, 9 Cir., 1955, 221 F.2d 225. The Declaratory Judgment Act is an enabling act which confers discretion in the court rather......
-
Communications Workers v. Ohio Bell Telephone Co.
...To us this is a plausible and satisfactory rationalization, and we adopt it." See also: International Longshoremen's & Warehousemen's Union v. Libby, McNeill & Libby, 9 Cir., 1955, 221 F.2d 225; International Ladies' Garment Workers' Union v. Jay-Ann Co., 5 Cir., 1956, 228 F.2d Westinghouse......