Levering & Garrigues Co. v. Morrin, 289 U.S. 103 (1933)

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Levering & Garrigues Co. v. Morrin

No. 423

Argued February 17, 1933
Decided April 10, 1933
289 U.S. 103

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. The jurisdiction of the District Court on the ground of federal question is to be determined by the allegations of the bill, and not upon the facts as they may turn out, or by a decision of the merits. P. 105.

2. If the bill or the complaint sets forth a substantial claim under a federal statute, the case is within the federal jurisdiction, however the court may decide upon the legal sufficiency of the facts alleged to support the claim. Id.

3. But if the claim pleaded is plainly unsubstantial, jurisdiction is wanting. Id.

4. The federal claim averred may be plainly unsubstantial either because obviously without merit or because it is clearly foreclosed by the previous decisions of this Court. Id.

5. A conspiracy to halt or suppress local building operations solely for the purpose of compelling employment of union labor cannot be adjudged a conspiracy to restrain interstate commerce merely because, incidentally, by checking the local use of building materials, it will curtail the sale and shipment of those materials in interstate commerce. Industrial Assn. v. United States, 268 U.S. 64, 77-78, 80-82. P. 106.

61 F.2d 115 affirmed.

Certiorari, 287 U.S. 590, to review the reversal of a decree of injunction in a suit by building concerns alleging conspiracy by union labor organizations.