Studio Carpenters Local Union No. 946 v. Loew's, Inc.

Good Law
182 F.2d 168·18 Lab. Cas. (CCH) 65,769·1950 U.S. App. LEXIS 3566
United States Court of Appeals for the Ninth CircuitMay 1, 195012345California870 words

Opinion

Opinion

Orr, J.

Appellant brought an action for a declaratory judgment. Appellant will sometimes be referred to herein as the carpenters union, appellee, The International Alliance of Theatrical Stage Employees and Moving Picture Operators of the United States and Canada, as I.A.T.S.E., and the companies, as appellee companies. Motions to dismiss the complaint were interposed which said motions were granted by the trial court with leave to amend. An amended complaint was filed demanding damages. Motions to dismiss the amended complaint were filed and sustained. Appellant refusing to plead further, a judgment of dismissal was entered from which this appeal is taken. The action was brought by appellant carpenters union as representative of its members, all of whom have been employed or were eligible for employment by the appellee companies.' It is further alleged that I.A.T.S.E., appellee companies and the carpenters union had entered into certain bargaining agreements setting up procedures for handling grievances and establishing a closed shop; that the agreements gave to members of the carpenters union the exclusive right to perform all required carpenter work; that as a result of a conspiracy…

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