110 N.E.2d 488

ALLEN, APPELLANT v. NATIONAL TUBE CO., APPELLEE.

No. 33291Supreme Court of Ohio.
Decided January 28, 1953.

Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Labor unions — Collective bargaining contract — Declaratory judgment action to construe — Provision for unequity pay — Limitation clause — Former employees required to apply within 120-day period — Lack of knowledge — Reformation sought — Express contract — Effect on right of recovery on quantum meruit — On constructive trust theory — On quasi contract — On implied provisions — Requisites for class suit — Inalienable rights — Section 1, Article I, Constitution — Due process — Section 16, Article I, Constitution — Article V, Amendments, U.S. Constitution.

APPEAL from the Court of Appeals for Lorain county.

Messrs. Levin Levin, for appellant.

Messrs. Squire, Sanders Dempsey and Mr. Frank Harrison, for appellee.

Per Curiam.

It is ordered and adjudged, sua sponte, that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., MIDDLETON, TAFT, MATTHIAS, HART, ZIMMERMAN and STEWART, JJ., concur.

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