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U.S. Supreme Court

Niles-Bement-Pond Co. v. Iron Moulders Union, 254 U.S. 77 (1920)

Niles-Bement-Pond Company v.

Iron Moulders Union Local No. 68

No. 69

Argued October 22, 1920

Decided November 8, 1920

254 U.S. 77


In a suit by a corporation, a citizen of one state, against another corporation, of another state, and it former employees and their labor unions wherein the plaintiff, praying no relief against the defendant corporation, sought to enjoin the other defendants from molesting the workmen employed by that corporation and thereby delaying or preventing the performance of contracts with the government for war supplies entered into by the plaintiff and by it turned over to the defendant corporation for manufacture and delivery, and wherein it appeared that the defendant corporation was subject to the control of the plaintiff through majority stock ownership and through the identity of some of their officers and directors,

Held: (1) that the plaintiff's right, if any, was a right to protect the contract between the defendant corporation and its workmen from the interference complained of, that the defendant corporation was an indispensable party to the controversy, and that, having no interest in conflict with the plaintiff's, it must be aligned as a plaintiff in determining whether the district court had jurisdiction through diverse citizenship (p. 254 U. S. 80); (2) that certain allegations of the bill that the government contracts had priority under the National Defense Act, and involved interstate commerce, were insufficient to render the suit one arising under the laws of the United States. P. 254 U. S. 82.

258 F.4d 8 affirmed.

The case is stated in the opinion. chanroblesvirtualawlibrary

Page 254 U. S. 78

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