Opinion
Docket No. 1,497.
Decided July 12, 1966. Rehearing denied September 2, 1966.
Appeal from Wayne; Canham (James N.), J. Submitted Division 2 June 6, 1966, at Lansing. (Docket No. 1,497.) Decided July 12, 1966. Rehearing denied September 2, 1966.
Complaint by John Scally, Stanley Baranowski and Thomas Quinlan against Communications Workers of America UAW-CIO, Detroit Local 4000, Norman G. Mackay, Clarence Groesbeck, and John H. Livingstone to enjoin the holding of a union meeting. Accelerated judgment for defendants. Plaintiffs appeal. Affirmed.
Robert J. Lawther ( Edward P. Echlin, of counsel), for plaintiffs.
Brennan, Walt Guth ( Alan Walt, of counsel), for defendants.
Plaintiffs, members of defendant union, filed this action against the union and its officers but failed to allege that the appeal procedures of the union had been pursued. In their answer, defendants pleaded as an affirmative defense plaintiffs' failure to exhaust intraunion remedies. Defendants then moved for accelerated judgment on the ground the court lacked jurisdiction of the subject matter, GCR 1963, 116.1(2), and the motion was granted. Plaintiffs appeal.
Kennedy v. UAW-AFL-CIO Local No. 659 (1966), 3 Mich. App. 629, controls. Affirmed, with costs to defendants.
J.H. GILLIS, P.J., and FITZGERALD and QUINN, JJ., concurred.