Summary
In Cornelio v. Metropolitan District Council of Philadelphia and Vicinity of United Brotherhood of Carpenters and Joiners, 358 F.2d 728, 729 (3d Cir. 1966), the Third Circuit affirmed the district courts dismissal of a complaint which failed to specifically allege a violation of sections 101 and 102 of the LMRDA, stating, "The only rights and privileges redressable under [section 102 of the LMRDA] are those specified in § 1 of the Act.
Summary of this case from Petrowski v. KilroyOpinion
No. 15596.
Argued March 7, 1966.
Decided April 6, 1966. Rehearing Denied May 2, 1966.
Edward L. Minnich, Jr., Philadelphia, Pa., for appellant.
M.H. Goldstein, Philadelphia, Pa., for appellees.
Before SMITH and FREEDMAN, Circuit Judges, and MILLER, District Judge.
This is a civil action in which the plaintiff attempted to invoke the jurisdiction of the court below under § 102 of the Landrum-Griffin Act, 29 U.S.C.A. § 412. The present appeal is from the dismissal of the complaint for failure to state a claim upon which relief could be granted. This dismissal was proper. The only rights and privileges redressable under the said section are those specified in § 101 of the Act, 29 U.S.C.A. § 411. See Hughes v. Local No. 11 of International Ass'n of Bridge, etc., 287 F.2d 810 (3rd Cir. 1961). The obvious deficiency in the complaint is its failure to allege the infringement of any such right or privilege.
The judgment of the court below will be affirmed.