Silverstein v. Local No. 280 of Journeymen Tailors' Union of America

• Decision Date: 19 October 1922
• Docket Number: 6068.
• Citation: 284 F. 833
• Parties: SILVERSTEIN v. LOCAL NO. 280 OF JOURNEYMEN TAILORS' UNION OF AMERICA et al.
• Court: U.S. Court of Appeals — Eighth Circuit

284 F. 833

SILVERSTEIN v. LOCAL NO. 280 OF JOURNEYMEN TAILORS' UNION OF AMERICA et al.

No. 6068.

United States Court of Appeals, Eighth Circuit.

October 19, 1922

Rehearing Denied January 8, 1923.

H. C Whitehill, of St. Louis, Mo. (Greensfelder & Levi, of St Louis, Mo., on the brief), for appellant.

James T. Roberts, of St. Louis, Mo. (H. B. Cox and Foristel &amp Eagleton, all of St. Louis, Mo., on the brief), for appellees.

Before CARLAND, Circuit Judge, and TRIEBER and MUNGER, District judges.

TRIEBER District Judge.

This is an appeal under section 129 of the Judicial Code (Comp. St Sec. 1121) from an order denying a temporary injunction asked by appellant, plaintiff in the court below.

As there is no diversity of citizenship alleged, the jurisdiction of the court can only be maintained from the allegations in the complaint, upon the ground that the appellees, defendants in the court below, in violation of the Sherman Anti-Trust Act (Comp. St. Secs. 8820-8823, 8827-8830), unlawfully interfered with appellant's business, and that he was engaged in interstate commerce. The learned trial judge found from the evidence that appellant was not engaged in interstate commerce, and the acts of appellees did not constitute an interference with such commerce, therefore the court was without jurisdiction. From this denial this appeal is prosecuted.

The facts, as established by the evidence are that, the defendant, the Tailors' Union is an unincorporated society of journeyman tailors, a union labor organization, located in the city of St. Louis, state of Missouri, and the other defendants are officers and members of that society; that the appellant operates in the said city of St. Louis a tailor shop for finishing clothes for merchant tailors; that for over a year he had conducted this business as a corporation, which was dissolved in July, 1921. His business, it is claimed is pattern making, trimming, and finishing men's clothes for merchant tailors, who send their unfinished clothing to his shop, to be finished, and when finished they are returned by him to the merchant tailors from whom they were received.

After the dissolution of the corporation, appellant left the city of St. Louis, and a few months thereafter returned and again engaged in that business, but as an individual. He now employs in his establishment about 50 men and women, but with the exception of some few shipments to him from a tailor in the city of Little Rock, in the...