Alexander v. Pacific Maritime Association

434 F.2d 281 Fred A. ALEXANDER, Louis P. Camarota, George Cathro, Albert S. Dimond, Lewis Freeman, Frank Marani, Ray C. Marvin, James Newell and Earl D. Petersen, Appellants, v. PACIFIC MARITIME ASSOCIATION a non-profit corporation, et al., Appellees. No. 23470. United States Court of Appeals, Ninth Circuit. November 9, 1970. Rehearing Denied January 11, 1971. Howard B. Crittenden, Jr. (argued), San Francisco, Cal., for appellant. Richard Ernst (argued) of Ernst & Tollen, San Francisco, Cal., Norman Leonard (argued) San Francisco, Cal., for appellees. Before HUFSTEDLER and KILKENNY, Circuit Judges, and SMITH, District Judge. * KILKENNY, Circuit Judge: 1 Although the appellants attempt to argue the merits, this appeal presents for decision the sole issue of whether the district judge abused his discretion in dismissing appellants' amended complaint for lack of prosecution. 2 Appellants are non-registered ship clerks claiming rights to work on the waterfront in San Francisco. They are not members of the International Longshoremen's & Warehousemen's Union (ILWU), of which Local 34 acts as the exclusive collective bargaining agent of ship clerks in the San Francisco Bay area.…