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HIGHWAY TRUCK DRIVERS AND HELPERS v. COHEN (07/17/61)

July 17, 1961

HIGHWAY TRUCK DRIVERS AND HELPERS, LOCAL 107
v.
COHEN, APPELLANT.



Appeals, Nos. 196 and 197, Jan. T., 1961, from order of Court of Common Pleas No. 2 of Philadelphia County, March T., 1960, No. 2325, in case of Highway Truck Drivers and Helpers, Local 107 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America et al. v. Raymond Cohen et al. Order affirmed; reargument refused August 16, 1961.

COUNSEL

Samuel Dash, with him Dash and Levy, for appellants.

Charles F. Nahill, with him Morton Witkin, and Witkin and Egan, for appellant.

Edward B. Bergman, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJJ,

Author: Eagen

[ 405 Pa. Page 56]

OPINION BY MR. JUSTICE EAGEN.

These appeals are from an order of the court below dismissing the defendant-appellants preliminary objections

[ 405 Pa. Page 57]

    to an amended complaint in equity. Jurisdictional questions are in issue, under the provisions of the Act of March 5, 1925, P.L. 23, § 1, 12 PS § 672.

The action was commenced by ten members of Local 107, Highway Truck Drivers and Helpers, an unincorporated association and an affiliate of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. It was instituted in the name of, and on behalf of, the Local; the complaining members being designated trustees ad litem. The complaint seeks an accounting from the defendant-appellants of large sums of money belonging to the Local allegedly misappropriated by the defendants, all of whom, except one, are officers of the Local. The lone exception having served for approximately three years as business agent. Also sought is the appointment of a trustee to conduct the financial affairs of the Local, an injunction restraining defendants from expending union funds pursuant to a resolution of the membership of the Local, and a recovery of certain legal fees and costs.

It is asserted that the trustees ad litem failed to exhaust the internal remedies provided for by the constitution of the international association and that this failure so to do, denied the lower court jurisdiction of the cause.

There can be no question but that the law as propounded by this Court in a host of cases from Maloney v. U.M.W.A., 308 Pa. 251, 257, 162 Atl. 225 (1932), to Falsetti v. Local Union No. 2026 U.M.W.A., 400 Pa. 145, 158, 161 A.2d 882 (1960), has been that courts will not entertain jurisdiction unless all remedies ...


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