Categories: Pennsylvania Supreme Court Opinions

DURSO v. PHILA. MUS. SOC., LOCAL NO. 77, 392 Pa. 30 (1958)

139 A.2d 555

Durso, Appellant, v. Philadelphia Musical Society, Local No. 77.

Supreme Court of Pennsylvania.January 9, 1958.
March 17, 1958.

Unincorporated associations — Labor unions — Constitution and by-laws — Settlement of internal disputes — Procedure — Courts — Jurisdiction — Failure to exhaust internal remedies.

1. In this action in equity by an expelled member of a labor union in which he sought a decree ordering the union to restore him to membership and in which it appeared that the plaintiff had not exhausted the internal remedies provided by the union constitution

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and had not averred any facts which would justify the court in finding that the internal remedies are illusory or that those who would sit in judgment are so biased as to deny plaintiff a fair hearing, it was Held that the complaint had properly been dismissed on preliminary objections.

2. The court will not entertain jurisdiction to review the propriety of the expulsion of a member of an unincorporated association unless all remedies afforded by the by-laws and constitution of the association have first been exhausted by the complaining member.

Mr. Justice BELL dissented.

Argued January 9, 1958. Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, JONES and COHEN, JJ.

Appeal, No. 131, Jan. T., 1958, from decree of Court of Common Pleas No. 2 of Philadelphia County, in equity, March T., 1957, No. 2104, in case of Edward Durso v. The Philadelphia Musical Society, Local No. 77 et al. Decree affirmed.

Same case in court below: 11 Pa. D. C.2d 463.

Equity.

Defendant’s preliminary objections to amended complaint sustained, and decree entered dismissing complaint, opinion by CARROLL, P. J. Plaintiff appealed.

Edmund P. Hannum, for appellant.

George T. Guarnieri, for appellee.

OPINION PER CURIAM, March 17, 1958:

The judgment of the Court below is affirmed on the opinion of President Judge CARROLL of Court of Common Pleas No. 2 of Philadelphia County.

Mr. Justice BELL dissents.

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