Seay v. Mcdonnell Douglas

427 F.2d 996 George L. SEAY et al., Appellants, v. McDONNELL DOUGLAS CORPORATION, a corporation, and International Association of Machinists and Aerospace Workers, Aeronautical District Lodge 1578, Appellees. No. 23114. United States Court of Appeals, Ninth Circuit. June 3, 1970. Jonathan C. Gibson (argued), of Welsh & Gibson, San Diego, Cal., McNutt, Dudley & Easterwood, Gall, Lane & Powell, Washington, D. C., for appellants. Alfred M. Klein, (argued), of Rose, Klein & Marias, Los Angeles, Cal., Louis Lieber, Jr., Gene A. Powell, Santa Monica, Cal., for appellees. Before BARNES, KILKENNY and TRASK, Circuit Judges. TRASK, Circuit Judge. 1 This is an appeal by George L. Seay and twenty-eight other employees of McDonnell Douglas Corporation from the District Court's dismissal of their class action against the corporation and the International Association of Machinists and Aerospace Workers, Aeronautical District Lodge No. 1578, for lack of jurisdiction. 2 Appellants are employed by McDonnell Douglas in its missile and space systems division at plants in California. They are not members of appellee union but are subject to a collective bargaining agreement between the…