Richard H. Clinton v. International Organization of Masters, Mates & Pilots of America, Inc.

Good Law
254 F.2d 370
United States Court of Appeals for the Ninth CircuitApril 21, 195815056_1California827 words

Opinion

Opinion

“Libellant” appeals from a dismissal by the District Court for the Southern District of California, Central Division, for lack of jurisdiction, of the first, second, third, and eighth causes of action alleged in his complaint. The original pleading named as defendants the International Organization of Masters, Mates and Pilots, Inc., a New York corporation; the Joshua Hendy Corp., a California corporation; the Pacific Far East Lines, Inc., a California corporation; and, the California Employment Stabilization Commission. 2The appellant’s pleadings below were marked “In Admiralty” but here jurisdiction is asserted alternatively under 28 U.S.C. §§ 1331 (Federal Question), 1332 (Diversity of Citizenship), or 1333 (Admiralty).

We shall consider each in turn.

I — Admiralty

The first, second, and third causes of action allege various breaches of the by-laws and constitution of Local 90 of the International Organization by the failure of Local 90 to provide proper allocation of available jobs to appellant, a member thereof.

This dispute, if it is anything judicially cognizable, involves various breaches of a contract between appellant and Local 90. Is this a contract civil and…

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