Cohen v. Highway Truck Drivers & Helpers, Local 107, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers

failure to plead or prove compliance with underlying contract and fulfillment of conditions precedent therein precluded summary judgment | failure to plead or prove compliance with underlying contract and fulfillment of conditions precedent therein precluded summary judgment | Court, construing Fed.R.Civ.P. 9(c) which is the same as Tex.R.Civ.P. 54, stated, “Rule 9(c) . .. requires a general pleading to the effect that conditions have been met. If it did not appear that a contract contained any such conditions, this might be a superfluous allegation .... ” | “To allow a union officer to use the power and wealth of the very union which he is accused of pilfering to defend himself against such charges, is totally inconsistent with Congress’ efforts to eliminate the undesirable element which has been uncovered in the labor management field.”