Shipley v. Pittsburgh & LER Co.
Decision Date | 07 March 1947 |
Docket Number | Civ. A. No. 5586. |
Citation | 70 F. Supp. 870 |
Parties | SHIPLEY et al. v. PITTSBURGH & L. E. R. CO. |
Court | U.S. District Court — Western District of Pennsylvania |
Kountz, Fry, Staley & Meyer, of Pittsburgh, Pa., for plaintiffs.
Reed, Smith, Shaw & McClay, of Pittsburgh, Pa., for defendant.
On April 10, 1946, a class action was instituted by 24 named plaintiffs, each of whom was a trainman, against the Pittsburgh & Lake Erie Railroad Company, a Pennsylvania corporation, claiming compensation for coupling air hose. The complaint states that it is a class action where there is "A common question of law or fact affecting their several rights and a common relief is sought." In the original complaint each of the named plaintiffs possessed requisite diversity of citizenship and a claim in the proper jurisdictional amount to give the federal court jurisdiction of the action.
On July 2, 1946, 58 additional plaintiffs, no one of whom had the jurisdictional requirements of both diversity of citizenship and a claim in excess of $3,000 exclusive of interest and costs, filed a motion to intervene. On July 9, 1946, the motion for leave to intervene was argued before this Court. Counsel for movants and the railroad argued and filed briefs on the question as to the right of the movants to intervene under Rules 23(a) and 24(b) of the Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c.
On September 18, 1946, this Court filed an opinion, 68 F.Supp. 395, holding that since the intervenors' claims did not present a common question of law and fact, the movants had no standing to intervene under Rules 23 and 24. That the Federal Court had jurisdiction of the intervenors' claims because they arise under the Railway Labor Act, 45 U.S.C.A. § 151 et seq., which is a law regulating interstate commerce, and, therefore, under the provisions of the Judicial Code the Court had jurisdiction independent of the amount in controversy or diversity of citizenship. On the same day the Court entered an order permitting the movants to intervene.
On October 7, 1946, an additional 29 trainmen of the Pittsburgh & Lake Erie Railroad filed a similar motion for leave to intervene. Of the 29 movants only four, namely Charles S. Strausbaugh, John Slavins, R. J. Hamilton and Arthur N. Donahue, assert that they are citizens of a state other than Pennsylvania, and have claims in excess of $3,000 exclusive of interest and costs. Each of the 25 other movants is either a citizen of Pennsylvania or has a claim less than the jurisdictional amount.
The questions which have been presented for the consideration of the Court are somewhat identical with those that existed when the motion for leave to intervene was filed by 58 additional plaintiffs on July 2, 1946. See Shipley et al. v. Pittsburgh & L. E. R. Co., D.C., 68 F.Supp. 395.
Since the Court's opinion was filed on September 18, 1946, and the argument in connection with the motion to intervene by 29 additional plaintiffs, which was filed on October 7, 1946, the plaintiffs have filed an amended complaint.
The defendant objects to the motion of the plaintiff for leave to permit the intervention of 29 additional plaintiffs. The Court will consider this objection de novo, and the motion for leave to intervene of 58 additional plaintiffs filed on July 2, 1946, as a petition for rehearing of the order and opinion filed by the Court on September 18, 1946.
This is being done for the legal questions involved are the same although the allegations in the pleadings are different in some respects as is apparent from a reading of the complaint and amended complaint. There are two questions involved:
1. Where a class action has been filed, in which jurisdiction in the original proceeding is based on diversity of citizenship and the amount involved is in excess of $3,000, does the Court have jurisdiction to permit the intervention of other claimants in the class as new plaintiffs under the provisions of Rules 23(a) Paragraph (3) and 24(b) of the Federal Rules of Civil Procedure, although there is no diversity of citizenship between the intervenors and the defendant, and the intervenors' claims are less than $3,000 in each instance?
2. In a class action brought on a contract entered into between the bargaining representative of the class and a railroad, may other members of the class not possessing both of the jurisdictional requirements of diversity of citizenship and a claim in excess of $3,000 exclusive of interest and costs intervene on the ground that the Railway Labor Act, regulating interstate commerce, is involved?
When consideration was given the first question herein involved, the Court said in its opinion (see 68 F.Supp. 395, 399):
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Shipley v. Pittsburgh & LER Co.
...and claims in excess of $3,000.00. Leave was subsequently granted additional plaintiffs the right to intervene. See D.C., 68 F.Supp. 395; 70 F.Supp. 870; 7 F.R.D. Federal jurisdiction being based solely on diversity of citizenship as to the original plaintiffs, the same rules of law would h......
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Zahn v. International Paper Company 8212 888
...81 F.Supp. 957 (Del.1949); Koster v. Turchi, 79 F.Supp. 268 (E.D.Pa.) aff'd, 173 F.2d 605 (C.A.3, 1948); Shipley v. Pittsburgh & L.E.R. Co., 70 F.Supp. 870, 873, 874—875 (W.D.Pa.1947); Long v. Dravo Corp., 6 F.R.D. 226 (W.D.Pa.1946); Scarborough v. Mountain States Tel. & Tel. Co., 45 F.Supp......
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Amen v. Black, 4962-4964.
...was not impaired or impeded by the subsequent interventions, irrespective of citizenship or amount claimed. Shipley v. Pittsburgh & Lake Erie Ry. Co., D.C., 70 F. Supp. 870; Dickinson v. Burnham, 2 Cir., 197 F.2d 973. The parties were multitudinous and the trial court commendably permitted ......
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Smith v. Abbate
...1948, 83 U.S.App.D.C. 388, 171 F.2d 15, cert. denied 336 U.S. 914, 69 S.Ct. 604, 93 L.Ed. 1077; Shipley v. Pittsburgh & L. E. R. Co., D.C.W.D.Pa., 1947, 70 F.Supp. 870, 873; see 3 Moore's Federal Practice, pp. 3477-3481, also cases in note 3, p. Similar rulings had been made under former Eq......
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An historical analysis of the binding effect of class suits.
...The difficulties of Moore's tripartite classification have often been identified. See, e.g., Shipley v. Pittsburgh & L.E.R. Co., 70 F. Supp. 870, 874 (W.D. Pa. 1947) (stating that "[t]here has been considerable trouble and difficulty experienced by the courts in determining under a give......
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Fed. R. Civ. P. 23 Class Actions
...with these terms. See, e.g., Gullo v. Veterans' Coop. H. Assn., 13 F.R.D. 11 (D.D.C. 1952); Shipley v. Pittsburgh & L. E. R. Co., 70 F.Supp. 870 (W.D.Pa. 1947); Deckert v. Independence Shares Corp., 27 F.Supp. 763 (E.D.Pa. 1939), rev'd, 108 F.2d 51 (3d Cir. 1939), rev'd, 311 U.S. 282 (1940)......
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Fed. R. Civ. P. 23 Class Actions
...with these terms. See, e.g., Gullo v. Veterans' Coop. H. Assn., 13 F.R.D. 11 (D.D.C. 1952); Shipley v. Pittsburgh & L. E. R. Co., 70 F.Supp. 870 (W.D.Pa. 1947); Deckert v. Independence Shares Corp., 27 F.Supp. 763 (E.D.Pa. 1939), rev'd, 108 F.2d 51 (3d Cir. 1939), rev'd, 311 U.S. 282 (1940)......
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28 APPENDIX U.S.C. § 23 Class Actions
...with these terms. See, e.g., Gullo v. Veterans' Coop. H. Assn., 13 F.R.D. 11 (D.D.C. 1952); Shipley v. Pittsburgh & L. E. R. Co., 70 F.Supp. 870 (W.D.Pa. 1947); Deckert v. Independence Shares Corp., 27 F.Supp. 763 (E.D.Pa. 1939), rev'd, 108 F.2d 51 (3d Cir. 1939), rev'd, 311 U.S. 282 (1940)......
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28 APPENDIX U.S.C. § 23 Class Actions
...with these terms. See, e.g., Gullo v. Veterans' Coop. H. Assn., 13 F.R.D. 11 (D.D.C. 1952); Shipley v. Pittsburgh & L. E. R. Co., 70 F.Supp. 870 (W.D.Pa. 1947); Deckert v. Independence Shares Corp., 27 F.Supp. 763 (E.D.Pa. 1939), rev'd, 108 F.2d 51 (3d Cir. 1939), rev'd, 311 U.S. 282 (1940)......