Deluhery

This matter is before the court on plaintiff’s application for a preliminary injunction restraining defendant from expelling plaintiff from defendant union and on defendant’s motion to dismiss this action for failure to state a claim upon which relief can b.e granted and lack of jurisdiction over the subject matter. It is the court’s conclusion that: (1) plaintiff has not shown himself to be entitled to preliminary injunctive relief, and (2) plaintiff’s complaint sufficiently states a claim upon which relief might be granted, the court has jurisdiction over the subject matter thereof, and defendant’s motion to dismiss must therefore be denied.

Plaintiff’s complaint is for an injunction for allegedly illegal disciplinary action taken against him by defendant union and is based upon Sections 101(a) (5) and 102 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C.A. §§ 411 , 412), commonly referred to as the Landrum-Griffin Act. Said statutes provide in relevant part:

The complaint on file herein alleges, inter alia, as follows: That plaintiff was at all times involved in this matter a member in good standing of defendant union. That plaintiff was recently tried…