Addison
Addison v. Grand Lodge of International Ass'n of Machinists
Opinion
Lead Opinion
Jertberg, J.
Before us is an appeal from a judgment of dismissal of an action for lack of jurisdiction over the subject matter. The action was dismissed by the District Judge sua sponte before service of process upon any of the appellees.
Appellant asserted jurisdiction of the action in the United States District Court under Section 102 of the Labor-Management Reporting and Disclosure Act of 1959, Public Law 86-257, hereinafter referred to as the “LMRDA,” 29 U.S.C.A. § 401 et seq., and also upon 28 U.S.C.A. § 1331 .
The jurisdiction of this Court is predicated upon Title 28 U.S.C.A. §§ 1291 , 1292.
The verified complaint contains five counts embracing 34 pages, and many exhibits are annexed thereto.
The sole question presented on this appeal is whether the allegations contained in the complaint are sufficient to invoke the jurisdiction of the District Court.
The order dismissing appellant’s action may be summarized as follows:
The provisions of the Labor-Management Reporting and Disclosure Act of 1959, Title 29 U.S.C.A. § 401 et seq., pertinent to our review, are:
3. Title I is designated “Bill of Rights of Members of Labor Organizations.” Section 101 of the Act, in pertinent parts,…