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  5. 48 F.Supp. 308 (1942)
 

DENVER UNION S. Y. CO. v. BROTHERHOOD OF R. & S. CLERKS, ETC.

No. 497.

48 F.Supp. 308 (1942)

DENVER UNION STOCK YARD CO. v. BROTHERHOOD OF RAILWAY & STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES et al.

District Court, D. Colorado.

November 30, 1942.

Attorney(s) appearing for the Case

Pershing, Bosworth, Dick & Dawson and Robert G. Bosworth, all of Denver, Colo., for Denver Union Stock Yard Co.

Philip Hornbein, of Denver, Colo., and Frank L. Mulholland, Clarence M. Mulholland, and Willard H. McEwen, all of Toledo, Ohio, for defendants other than L. Metcalfe Walling.

Reid Williams, of Denver, Colo., for L. Metcalfe Walling.

SYMES, District Judge.

This case coming on for pre-trial conference, the court of its own motion raised the question of jurisdiction, and discussed it with counsel. Counsel for the Wage and Hour Division of the Department of Labor also raised the question. Briefs were filed and the court has gone into the matter thoroughly, and come to the conclusion a case of "actual controversy" under the Declaratory Judgment Act is not made; that the bill should be dismissed.<...

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