Maurer v. International Typographical Union, Civ. A. No. 20279.

CourtUnited States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
Writing for the CourtLORD
Citation139 F. Supp. 337
PartiesAlfred E. MAURER, Pasquale Cinacio, Stephen Nagurny, Edward Bell, John Gallagher, Myer Portney, Eugene Graham v. INTERNATIONAL TYPOGRAPHICAL UNION, Philadelphia Typographical Union No. 2, Sinclair L. Muir, James H. Kelley.
Decision Date11 April 1956
Docket NumberCiv. A. No. 20279.

139 F. Supp. 337

Alfred E. MAURER, Pasquale Cinacio, Stephen Nagurny, Edward Bell, John Gallagher, Myer Portney, Eugene Graham
v.
INTERNATIONAL TYPOGRAPHICAL UNION, Philadelphia Typographical Union No. 2, Sinclair L. Muir, James H. Kelley.

Civ. A. No. 20279.

United States District Court E. D. Pennsylvania.

April 11, 1956.


139 F. Supp. 338

McBride, vonMoschzisker & Bradley, Philadelphia, Pa., for plaintiffs.

H. P. Abramson, Maurice Abrams, Philadelphia, Pa., for defendants.

LORD, District Judge.

This matter comes before the Court on plaintiffs' Motion to Remand.

Plaintiffs are all members of Typographical Union No. 2 (hereinafter referred to as "Union No. 2"), one of the defendants herein. Union No. 2 is chartered by and is an affiliate of International Typographical Union (hereinafter referred to as "I. T. U.") which is also a defendant. Sinclair L. Muir and James H. Kelley, the other defendants, are President and Secretary-Treasurer, respectively, of Union No. 2.

I.T.U. and Union No. 2 are both unincorporated associations. I.T.U. has its principal office in Indianapolis, Indiana, while Union No. 2 has its principal office in Philadelphia, Pennsylvania. The two named officers of Union No. 2 are citizens and residents of Pennsylvania. All of the named plaintiffs are citizens and residents of Pennsylvania except Maurer who is a citizen and resident of New Jersey.

Plaintiffs sought an injunction in the state court against both unions alleging certain dues and assessments were being demanded of them in violation of the constitution and by-laws of I.T.U. and Union No. 2. The plaintiffs were successful in their suit and an injunction issued prohibiting defendants from pressing such demands respecting dues and assessments and further from interfering in any manner with plaintiffs' membership in Union No. 2 and such rights and privileges as were incident thereto.

139 F. Supp. 339

Subsequently, I.T.U. removed the case from the state court. Following this removal, I.T.U. filed a special appearance and a motion to quash service as to it and to dismiss the complaint. The plaintiffs then filed the motion under consideration to remand to the state court.

There are several issues raised by the Motion to Remand. However, the first and foremost issue to be considered is "does this case come within the purview of 28 U.S.C.A. § 1441(c)"? Determination of this issue in favor of plaintiffs causes all other issues to become moot and makes it unnecessary to consider them.

As stated previously, the validity of the principle of removability hinges upon the theory embraced in 28 U.S.C.A. § 1441(c). This section lays down the rule that only where there exists "a separate and independent claim or cause of action" can a federal court acquire jurisdiction by...

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6 practice notes
  • State of New Jersey v. Moriarity, Civ. A. No. 262-64.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • March 31, 1967
    ...93 F. Supp. 296 (D.N.J., 1950); Winsor v. United Air Lines, 159 F.Supp. 856 (D. Del.1958); Maurer v. International Typographical Union, 139 F.Supp. 337 (E.D.Pa., 1956); Walls v. City of New York, 156 F.Supp. 3 (D.C.1957); Breyman v. Pennsylvania, O. & D. R. Co., 38 F.2d 209 (6th Cir. 1930).......
  • Lancer Industries, Inc. v. American Insurance Company, Civ. A. No. 8098
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Western District of Louisiana
    • September 25, 1961
    ...Court jurisdiction. Greenshields v. Warren Petroleum Corp., supra, Maurer v. International Typographical Union et al., D.C.E.D.Pa.1956, 139 F. Supp. 337; Harrisville Co. v. Home Insurance Co. et al., D.C.S.D.N.Y. 1954, 129 F.Supp. 300; American Fire & Casualty Co. v. Finn, 1951, 341 U.S. 6,......
  • West Virginia State Bar v. Bostic, Civ. A. No. 2951.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • June 14, 1972
    ...and, in such instances, the federal court should remand the case to the state court. Maurer v. International Typographical Union, 139 F. Supp. 337 But, notwithstanding the foregoing, the removal must fail for two other reasons: (a) for lack of requisite amount in controversy, and (b) becaus......
  • Lorraine Motors, Inc. v. Aetna Casualty & Surety Co., Civ. No. 18892.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • September 16, 1958
    ...F.Supp. 606; Walls v. City of New York, D.C.E.D.N.Y.1957, 156 F.Supp. 3; Maurer v. International Typographical Union, D.C.E.D.Pa.1956, 139 F.Supp. 337; Rodriguez v. Union Oil Co. of Cal., D.C.S.D.Cal.1954, 121 F. Supp. 824; Associated Tel. Co. v. Communication Workers of America, C.I.O., D.......
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6 cases
  • State of New Jersey v. Moriarity, Civ. A. No. 262-64.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • March 31, 1967
    ...93 F. Supp. 296 (D.N.J., 1950); Winsor v. United Air Lines, 159 F.Supp. 856 (D. Del.1958); Maurer v. International Typographical Union, 139 F.Supp. 337 (E.D.Pa., 1956); Walls v. City of New York, 156 F.Supp. 3 (D.C.1957); Breyman v. Pennsylvania, O. & D. R. Co., 38 F.2d 209 (6th Cir. 1930).......
  • Lancer Industries, Inc. v. American Insurance Company, Civ. A. No. 8098
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Western District of Louisiana
    • September 25, 1961
    ...Court jurisdiction. Greenshields v. Warren Petroleum Corp., supra, Maurer v. International Typographical Union et al., D.C.E.D.Pa.1956, 139 F. Supp. 337; Harrisville Co. v. Home Insurance Co. et al., D.C.S.D.N.Y. 1954, 129 F.Supp. 300; American Fire & Casualty Co. v. Finn, 1951, 341 U.S. 6,......
  • West Virginia State Bar v. Bostic, Civ. A. No. 2951.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • June 14, 1972
    ...and, in such instances, the federal court should remand the case to the state court. Maurer v. International Typographical Union, 139 F. Supp. 337 But, notwithstanding the foregoing, the removal must fail for two other reasons: (a) for lack of requisite amount in controversy, and (b) becaus......
  • Lorraine Motors, Inc. v. Aetna Casualty & Surety Co., Civ. No. 18892.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • September 16, 1958
    ...F.Supp. 606; Walls v. City of New York, D.C.E.D.N.Y.1957, 156 F.Supp. 3; Maurer v. International Typographical Union, D.C.E.D.Pa.1956, 139 F.Supp. 337; Rodriguez v. Union Oil Co. of Cal., D.C.S.D.Cal.1954, 121 F. Supp. 824; Associated Tel. Co. v. Communication Workers of America, C.I.O., D.......
  • Request a trial to view additional results

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