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WILSON & CO. v. UNITED PACKINGHOUSE WORKERS

83 F.Supp. 162 (1949)

WILSON & CO., Inc. v. UNITED PACKINGHOUSE WORKERS OF AMERICA et al. (United States, Intervenor).

United States District Court S. D. New York.

February 18, 1949.

Attorney(s) appearing for the Case

McLanahan, Merritt & Ingraham, of New York City (Walter Gordon Merritt, of New York City, Richard C. Winkler, of Chicago, Ill., and Burgess Osterhout and H. Gardner Ingraham, both of New York City, of counsel), for plaintiff.

Pressman, Witt & Cammer, of New York City (Lee Pressman, of New York City, Eugene Cotton, of Chicago, Ill., and Harold I. Cammer and Ralph Shapiro, both of New York City, of counsel), for defendants.

John F. X. McGohey, U. S. Atty., of New York City, (Roscoe L. Barrow and Joseph M. Friedman, both of Washington, D. C., of counsel), for intervener.

KAUFMAN, District Judge.

The defendants move pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss this action upon the grounds that (1) the court lacks jurisdiction over the subject matter of the action, and (2) the court lacks jurisdiction over the person of the defendant, United Packinghouse Workers of America.

Plaintiff, an employer, has brought this suit to recover the sum of $50,000 as damages for an alleged breach of...

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