Brotherhood of Locomotive Firemen and Enginemen v. Pinkston, 32

• Decision Date: 05 November 1934
• Docket Number: No. 32,32
• Citation: 79 L.Ed. 219,55 S.Ct. 1,293 U.S. 96
• Parties: BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN et al. v. PINKSTON. *
• Court: U.S. Supreme Court

293 U.S. 96

55 S.Ct. 1

79 L.Ed. 219

BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN et al.

v PINKSTON.^*

No. 32.

Argued Oct. 17, 18, 1934.

Decided Nov. 5, 1934.

Mr. Thomas Stevenson, of Cleveland, Ohio, for petitioners.

[Argument of Counsel from pages 96-98 intentionally omitted] Messrs. James R. Garfield, of Cleveland, Ohio, and W. L. Bryan, of Atlanta, Ga., for respondent.

Mr. Justice SUTHERLAND delivered the opinion of the Court.

The Brotherhood of Locomotive Firemen and Enginemen is an unincorporated voluntary association with headquarters in Ohio. It has a department known as the Widows' Pension Department, created in order to provide a monthly income for the widows or widowed mothers of deceased members. The widow of a member, upon his death, is to receive a pension of $35 per month during her lifetime. In the event of her remarriage, the pension is to cease. The respondent, widow of a deceased member, became entitled to this pension. Thereafter, the association, following an investigation of the financial condition of the department and upon an actuarial report, determined to abolish the department and distribute the assets after making a lump-sum settlement not to exceed $1,500 with each widow then on the pension roll. Widows refusing to settle were to have their names erased from the roll, and be provisionally relegated to another fund. Payment of monthly installments on pensions was discontinued, beginning September 1, 1931.

Complainant thereupon brought suit in a federal District Court, on behalf of herself and other beneficiaries similarly situated, for an accounting, determination of priorities, and a proper liquidation and administration of the funds of the department. The federal jurisdiction was invoked on the ground of diversity of citizenship. The District Court, after a hearing, dismissed the bill on the ground that the requisite amount to confer jurisdiction (over $3,000) was not involved. The Circuit Court of Appeals reversed (69 F.(2d) 600) upon the authority of Thompson v. Thompson, 226 U.S. 551, 33 S.Ct. 129, 57 L.Ed. 347. Whether that court rightly held that the jurisdictional amount was involved is the only question for consideration.

The entire fund is nearly $300,000. The bill proceeds on the theory that this constitutes a trust fund, and seeks its administration under judicial orders. Respondent urges that the jurisdiction may well be tested by the value of the whole fund. But we put that question aside, since we are of opinion that the value of respondent's own interest in the fund exceeds the jurisdictional amount.

This, it will be seen, is not an action at law to recover overdue installments, but a suit in equity to preserve and protect a right to future participation in the fund. If the value of that right exceeds $3,000, the District Court has jurisdiction.

In the Thompson Case, a decree had been entered by the Supreme Court of the District of Columbia in favor of a wife against her husband, for support and maintenance at the rate of $75 a month, together with $500 for counsel fees. The decree was reversed by the Court of Appeals of the District (35 App. D.C. 14). On an appeal to this court, our jurisdiction was challenged upon the ground that a sum in excess of $5,000 was not involved, as the statute at that time required. While the installments already accrued amounted to much less than that, it was held that the expectancy of life of the parties was clearly sufficient to make up the balance, and jurisdiction was upheld. Mr. Justice Pitney, who delivered the opinion, said (page 560 of 226 U.S., 33 S.Ct. 129, 130, 57 L.Ed. 347): 'The future...