Lodge No. 42 v. INTERNATIONAL BRO. OF BOILERMAKERS, ETC., 15144.
| Decision Date | 18 November 1963 |
| Docket Number | No. 15144.,15144. |
| Parties | LODGE NO. 42 OF THE INTERNATIONAL BROTHERHOOD OF BOILER-MAKERS, IRON SHIPBUILDERS, BLACKSMITHS, FORGERS AND HELPERS, John Parkhurst, Wallace L. Clark, and Clyde Turner, Plaintiffs-Appellants, v. INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS, BLACKSMITHS, FORGERS AND HELPERS, and District Lodge No. 57 of the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Claude Callicott, Nashville, Tenn., for appellants.
Cecil D. Branstetter, Nashville, Tenn. (Ben F. Loeb, Jr., Nashville, Tenn., Grayson & Orlove, Kansas City, Kan., on the brief), for appellees.
Before O'SULLIVAN, Circuit Judge, and KALBFLEISCH and PECK, District Judges.
The fourteen-page complaint, to which detailed exhibits are appended, essentially complains of an alleged wrong done to the plaintiffs by their expulsion from one of the defendant labor organizations. The district court sustained defendants' motion to dismiss the action on the ground that venue was not properly laid in the district in which the complaint was filed, and the present appeal is from such dismissal.
The action was brought under The Labor Management Reporting and Disclosure Act of 1959, 73 Stat. 519, 29 U.S.C. 401 et seq., which is generally known as the Landrum-Griffin Act and which will be hereinafter referred to as the Act. The complaint alleges that Lodge No. 42 of the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers (hereinafter referred to as Lodge No. 42) is what is ordinarily known as a labor union with headquarters at Nashville, Tennessee, and that the three individual plaintiffs held official positions therein. The defendant International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers (hereinafter referred to as the International) is stated to be a labor organization within the meaning of the Act with headquarters and principal office at Kansas City, Kansas, and the defendant District Lodge No. 57 of the International (hereinafter referred to as District Lodge No. 57) is also stated to be such a labor organization, with principal office and headquarters at Chattanooga, Tennessee. The complaint then alleges the exercise of "despotic powers" on the part of an official of District Lodge No. 57, who acted "tyrannically," and the expulsion of Lodge No. 42 therefrom as the result of "a sinister conspiracy between the defendants." It is upon this act of expulsion (or disaffiliation) that the action is predicated, and in determining the issue as to venue it therefore becomes important to determine where such act occurred. It will be recalled that the action was commenced in the District Court for the Middle...
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