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HARKER v. McKISSOCK

10 N.J. Super. 26 (1950)

76 A.2d 89

WILLIAM H. HARKER, HOWARD G. WINTLING AND HARRY J. DUNN, IN THEIR OWN RIGHT AND FOR AND ON BEHALF OF ALL OTHER MEMBERS OF INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL NO. 1; AND INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL NO. 1, AN UNINCORPORATED ASSOCIATION, PLAINTIFFS-RESPONDENTS, v. JAMES C. McKISSOCK, ROBERT RULON, HERMAN SCHOMBER, ADOLPH F. PRYZWARA, THOMAS W. SAUL, JOHN J. KNOWLES, ROBERT E. KAVANAGH, WILLIAM R. ANDERTON, LESTER INVESTMENT COMPANY, A CORPORATION; AND SHIPBUILDERS EDUCATIONAL SOCIETY, A CORPORATION NOT FOR PROFIT, DEFENDANTS-APPELLANTS, AND NEW YORK SHIPBUILDING CORPORATION, ET AL., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 25, 1950.

Attorney(s) appearing for the Case

Mr. F. Morse Archer, Jr., argued the cause for defendants-appellants (Messrs. Boyle, Archer & Greiner, attorneys).

Mr. M.H. Goldstein (of the Philadelphia Bar) argued the cause for plaintiffs-respondents (Mr. Barney B. Brown, attorney).

Mr. Albert B. Melnik argued the cause for defendant-counterclaimant, Industrial Union of Marine and Shipbuilding Workers of America.

Before Judges JACOBS, BIGELOW and WM. J. BRENNAN, JR.

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.A.D.

On September 28, 1948, a meeting of approximately 700 members of Local No. 1, Industrial Union of Marine and Shipbuilding Workers of America, an unincorporated association, voted, with eight dissenting, to terminate the local's affiliation with the defendant national union. This suit, brought in the Chancery Division of the Superior Court, resulted...

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