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Cornelio v. Metropolitan District Council of Philadelphia & Vicinity of United Brotherhood of Carpenters & Joiners of America

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: April 6, 1966.

GEORGE ANTHONY CORNELIO, APPELLANT
v.
METROPOLITAN DISTRICT COUNCIL OF PHILADELPHIA & VICINITY OF UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, AFL-CIO, ET AL., APPELLEES

Smith and Freedman, Circuit Judges, and Miller, District Judge.

Author: Per Curiam

This is a civil action in which the plaintiff attempted to invoke the jurisdiction of the court below under § 102 of the Landrum-Griffin Act, 29 U.S.C.A. § 412. The present appeal is from the dismissal of the complaint for failure to state a claim upon which relief could be granted. This dismissal was proper. The only rights and privileges redressable under the said section are those specified in § 101 of the Act, 29 U.S.C.A. § 411. See Hughes v. Local No. 11 of Inter. Nat'l Ass'n of Bridge, Structural & Ornamental Ironworkers, 287 F.2d 810 (3rd Cir. 1961). The obvious deficiency in the complaint is its failure to allege the infringement of any such right or privilege.

The judgment of the court below will be affirmed.

19660406

© 1998 VersusLaw Inc.



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