The opinion
McLAUGHLIN, Circuit Judge
(dissenting from the denial of petition for rehearing).
I dissent from the denial of the petition for rehearing (which if heard should be heard by the full court) because such action continues a gross injustice to appellants.
This court’s affirmance of the dismissal of the complaint prior to any answer being filed arbitrarily brushes aside the sound averments that (1) as third party beneficiaries to the employment contract, plaintiffs are entitled to sue the party who had wronged them and not be compelled to join those who, according to the complaint, are connected with this particular cause solely by reason of having profited by that wrong; (2) the “arbitration”, to which the majority ascribes validity, under the only pleading filed in the case to date is declared to be a void thing, the product of a conspiracy to defraud plaintiffs of their rights arising out of the contract.
At this stage of the suit the complaint cannot be dismissed under any sound law or practice. Appellants have clearly stated a proper cause of action, they should be allowed to prove it, if they can.
BIGGS, Chief Judge, and STALEY, Circuit Judge, join in this dissenting opinion.