Retail Clerks Internat'l Ass'n v. Lion Dry Goods, Inc.

Decision Date15 December 1960
Docket NumberNo. 14176.,14176.
Citation286 F.2d 235
PartiesRETAIL CLERKS INTERNATIONAL ASSOCIATION, Local Unions Nos. 128 and 633, Appellants, v. LION DRY GOODS, INC., et al., Appellees.
CourtU.S. Court of Appeals — Sixth Circuit

Joseph E. Finley, Cleveland, Ohio (Rudd, Ober, Finley & Miller, Cleveland, Ohio, on the brief), for appellant.

Merritt W. Green, Toledo, Ohio, for appellees.

Before McALLISTER, Chief Judge, and MARTIN and WEICK, Circuit Judges.

ORDER.

This appeal from the judgment of the United States District Court, dismissing the complaint of appellants, has been heard and considered upon the record and upon the oral arguments and briefs of the parties.

This court is of opinion that the district Court correctly construed Section 301 of the Labor Management Relations Act of 1947 29 U.S.C.A. § 185(a) and was free from error in holding that it had no jurisdiction over the subject matter of the litigation. The contract here involved is not a collective bargaining agreement between an employer and a labor organization representing its employees. We think that the trial court was correct in reaching the conclusion that collective bargaining contracts between a union and an employer are the only contracts intended to be actionable in a United States District Court under the provisions of section 301(a).

In our judgment, United States District Judge Kloeb was right in concluding that he was without jurisdiction in this case. He, therefore, properly dismissed the complaint.

Accordingly, for the reasons stated in the opinion of the District Judge, the judgment of the district court is affirmed.

It is so ordered.

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5 cases
  • RETAIL CLERKS INTERNAT'L ASS'N v. Lion Dry Goods, Inc.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 23 d2 Fevereiro d2 1965
    ...to the Court of Appeals this Court affirmed the judgment of the District Court. This ruling, in the form of an order, is reported at 286 F.2d 235. The Supreme Court granted certiorari and on February 26, 1962, reversed the judgment of the District Court. The opinion of the Court is reported......
  • LOCAL 33, INT. HOD CARRIERS, ETC. v. MASON TENDERS, ETC.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 8 d4 Junho d4 1961
    ...bargaining agreements, compare Retail Clerks Int'l Ass'n v. Lion Dry Goods, Inc., D.C.N.D.Ohio, 1959, 179 F. Supp. 564, affirmed 6 Cir., 1960, 286 F.2d 235, certiorari granted 1961, U.S., 81 S.Ct. 1094; Sun Shipbuilding & DryDock Co. v. Industrial Union, supra, with United Textile Workers, ......
  • Progress Development Corporation v. Mitchell
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 27 d5 Janeiro d5 1961
    ... ... corporation and Modern Community Developers, Inc., a corporation, Plaintiffs-Appellants, ... ...
  • Retail Clerks International Association, Local Unions Nos 128 and 633 v. Lion Dry Goods, Inc, 73
    • United States
    • U.S. Supreme Court
    • 26 d1 Fevereiro d1 1962
    ...an employer are the only contracts intended to be actionable in a United States District Court under the provisions of section 301(a)." 286 F.2d 235. We granted certiorari because of the importance of the questions to the enforce- ment of the national labor policy as expressed in § 301(a). ......
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