Nix v. Fulton Lodge No. 2 of Int. Ass'n of Mach. & Aero. W., 71-1395.
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | PER CURIAM |
| Citation | 452 F.2d 794 |
| Parties | Franklin NIX, Plaintiff-Appellant-Cross Appellee, v. FULTON LODGE NO. 2 OF the INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS et al., Defendants-Appellees-Cross Appellants. Franklin NIX, Plaintiff-Appellant-Cross Appellee, v. INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, Defendants-Appellees-Cross Appellants. |
| Docket Number | No. 71-1395.,71-1395. |
| Decision Date | 05 January 1972 |
452 F.2d 794 (1971)
Franklin NIX, Plaintiff-Appellant-Cross Appellee,
v.
FULTON LODGE NO. 2 OF the INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS et al., Defendants-Appellees-Cross Appellants.
Franklin NIX, Plaintiff-Appellant-Cross Appellee,
v.
INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, Defendants-Appellees-Cross Appellants.
No. 71-1395.
United States Court of Appeals, Fifth Circuit.
November 17, 1971.
Rehearing and Rehearing Denied January 5, 1972.
William G. McRae, Atlanta, Ga., for plaintiff-appellant.
J. R. Goldthwaite, Jr., Atlanta, Ga., Plato Papps, Bernard Dunau, Washington, D. C., for defendants-appellees.
Before BELL, AINSWORTH and GODBOLD, Circuit Judges.
Rehearing and Rehearing En Banc Denied January 5, 1972.
BELL, Circuit Judge:
This appeal has to do with two suits filed in the Northern District of Georgia. In the first, Civil Action No. 10,463, filed pursuant to the Labor-Management
Both the Local Lodge and the Grand Lodge appealed to this court. The decision below was affirmed in all respects except as to the application of the injunction to the Grand Lodge. We held that the District Court never acquired jurisdiction over the Grand Lodge by virtue of proper designation of the Grand Lodge as a defendant, service of process, or appearance. In reversing as to the Grand Lodge we held that Nix would be entitled, on remand, to amend to seek relief against the Grand Lodge. Fulton Lodge No. 2 of IAM v. Nix, 5 Cir. 1969, 415 F.2d 212, 220.
Accordingly, appellant Nix filed an amendment to his complaint in the district court adding the Grand Lodge as a defendant. However, in the same amendment, he expanded the scope of the suit to allege wrongful discharge from his employment as Press Representative for the Grand Lodge and prayed for reinstatement to employment and other appropriate relief.
The defendants filed motions to dismiss the amended complaint, urging lack of subject-matter jurisdiction, that the complaint failed to state a claim upon which relief could be granted under the LMRDA, or in the alternative, that the claims were barred by principles of res judicata. Thereafter, plaintiff filed a notice of dismissal of this amended complaint against the Grand Lodge, thus eliminating the claim for reinstatement to his job as Press Representative for the Grand Lodge and for damages against the Grand Lodge on account of the discharge. The Grand Lodge objected to the dismissal.
Meanwhile, some two months later, plaintiff filed the second suit, Civil Action No. 13,818. Count I of the complaint was addressed essentially to plaintiff's former employment with the Grand Lodge. He alleged wrongful, malicious, and wanton conduct in administering discipline under the IAM constitution which resulted in his discharge from employment and expulsion from union membership. In the way of relief he requested restoration to employment with the union, damages and counsel fees. This complaint contained a second count which sought declaratory and injunctive relief on behalf of all union...
To continue reading
Request your trial
-
Youngblood Group v. Lufkin Federal Sav. and Loan Ass'n, No. 9:95-CV-163.
...(9th Cir.1987), cert. denied, 486 U.S. 1040, 108 S.Ct. 2031, 100 L.Ed.2d 616 (1987); Nix v. Fulton Lodge No. 2, Int'l Ass'n of Machinists, 452 F.2d 794, 798 (5th Cir.1971), cert. denied, 406 U.S. 946, 92 S.Ct. 2044, 32 L.Ed.2d 332 (1972); Sheppard v. Texas Dep't of Transp., 158 F.R.D. 592 (......
-
Texas Border Coalition v. Napolitano, Civil Action No. 08-0848 (RBW).
...which judicial notice may be taken without converting a motion to dismiss into a motion for summary judgment); Nix v. Fulton Lodge No. 2, 452 F.2d 794, 797-98 (5th Cir.1971) (finding that motion to dismiss is not converted into a motion for summary judgment when copies of court opinions are......
-
St. Joseph's Hosp. v. HOSP. AUTHORITY OF AMERICA, No. CV484-271.
...of court opinions are submitted with a 12(b)(6) motion. Nix v. Fulton Lodge International Assoc. of Machinists and Aerospace Workers, 452 F.2d 794 (5th Cir.), cert. denied, 406 U.S. 946, 92 S.Ct. 2044, 32 L.Ed.2d 332 (1972). Compare Tenneco Oil Co. v. Dept. of Energy, 475 F.Supp. 299 (D.Del......
-
Guerra v. Manchester Terminal Corporation, 73-1907.
...in a separate lawsuit in court, collateral estoppel may be applied to previously litigated facts. Nix v. Fulton Lodge No. 2, 5 Cir. 1972, 452 F.2d 794, 797; H. L. Robertson & Assoc., Inc. v. Plumbers Local 519, 5 Cir. 1970, 429 F.2d 520; Painters District Council No. 38 v. Edgewood Contract......