Beaumont Silverton v. Valley Transit Cement Company

249 F.2d 409 Beaumont SILVERTON, individually and as a member, representative and secretary of Teamsters Local Union No. 898, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and the American Federation of Labor, Appellant, v. VALLEY TRANSIT CEMENT COMPANY, Inc., a corporation, Appellee. No. 15055. United States Court of Appeals Ninth Circuit. Nov. 4, 1957. John C. Stevenson, Lionel Richman, Los Angeles, Cal., for appellant. Horton & Knox, James H. Carter, El Centro, Cal., for appellee. Before STEPHENS, Chief Judge, and FEE and HAMLEY, Circuit Judges. PER CURIAM. 1 Beaumont Silverton, a member, representative, and secretary of the named union, 1 brought this action against a corporation with which the union had a collective bargaining agreement. Asserting that defendant had failed to pay the wages of thirteen union employees at the rates specified in the collective bargaining agreement, plaintiff sought an accounting and damages. Diversity of citizenship was not alleged, jurisdiction being asserted under 301 of the Labor Management Relations Act of 1947 (29 U.S.C.A. 185). 2 The only question presented on this appeal is…