Alabama State Federation of Labor v. Kurn, 5288.

Decision Date08 September 1942
Docket NumberNo. 5288.,5288.
Citation46 F. Supp. 385
CourtU.S. District Court — Northern District of Alabama

John L. Busby, of Birmingham, Ala., for plaintiff.

Cabaniss & Johnston and Lucien D. Gardner, Jr., all of Birmingham, Ala., for defendants.

MURPHREE, District Judge.

This action is brought to enforce an order of the National Railroad Adjustment Board (hereinafter referred to as the Board), as provided in the Railway Labor Act, 45 U.S.C.A., § 153(p) et seq. The facts stated in the complaint as the basis for this relief are that plaintiff Salter was discharged from the service of "Defendant Company" after becoming a member of a certain union, and that thereafter the Board made an award and order that "Defendant Carrier" restore Salter to service and compensate him for time lost less compensation received in other employment, a copy of the said award, order and an opinion upon which they were based being attached to and incorporated in the complaint. The award, order and opinion disclose that the proceedings before the Board were not against the present defendants in this Court, but were against the St. Louis-San Francisco Railway Company itself.

The defendants have filed an answer, the first defense of which is that: "The complaint fails to state a claim against defendants upon which relief can be granted." This is verbatim the first defense set out in official form 20, appended to the Federal Rules of Civil Procedure, 28 U. S.C.A. following section 723c. The note following official form 20 states: "The first defense raises the legal sufficiency of the complaint. Its effect is equivalent to a general demurrer or a motion to dismiss."

We will, therefore, consider this defense as a motion to dismiss because of such legal insufficiencies as appear on the face of the complaint.

The defendants have directed the attention of the Court to two such legal insufficiencies. One is the failure of the complaint to allege a causal connection between Salter's affiliation with the labor union and his discharge. In this respect the complaint is deficient. It is not enough that the annexed award, order and opinion of the Board disclose what undoubtedly is the basis of plaintiff's claim for relief — the complaint itself must state "the causes for which he claims relief", by the terms of the Railway Labor Act itself. See System Federation v. Louisiana & A. Ry. Co., D.C.La.1940, 30 F.Supp. 909.

However, this defect in the complaint is...

To continue reading

Request your trial
3 cases
  • Middelkamp v. Hanewich
    • United States
    • Indiana Appellate Court
    • July 20, 1977
    ...outside the pleading are presented to and not excluded by the court" at the pre-trial hearing. Accord, see Alabama State Fed'n of Labor v. Kurn (D.Ala.1942), 46 F.Supp. 385. Thus, the trial court did not err when it treated the defense of failure to state a claim, asserted in Hanewiches' re......
  • Brotherhood of Maintenance of Way Employees v. St. Johnsbury & Lamoille County R.R./M.P.S. Associates, Inc.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • June 30, 1986
    ...Locomotive Firemen and Enginemen v. The New York, N.H. & H.R. Co., 296 F.Supp. 1044, 1049 (D.Conn.1968); Alabama State Federation of Labor v. Kurn, 46 F.Supp. 385, 386 (N.D.Ala.1942). The district court also erred in refusing to enforce the Board's award on the ground that "not all parties ......
  • Bates v. Northwest Airlines, Inc.
    • United States
    • U.S. District Court — District of Minnesota
    • March 19, 1959
    ...5 Cir., 118 F.2d 75; Gunther v. San Diego & Arizona Eastern Railway Co., D.C.S.D. Cal., 161 F.Supp. 295; Alabama State Federation of Labor v. Kurn, D.C.N.D. Ala., 46 F.Supp. 385. 7 45 U.S.C.A. § 153(m); See also: Koelker v. Baltimore and Ohio Railroad Company, D.C.E.D.Pa., 140 F.Supp. ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT