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DALZELL TOWING CO. v. UNITED MARINE DIV., I. L. A.

279 A.D. 212 (1951)

Dalzell Towing Company, Inc., et al., Appellants, v. United Marine Division, I. L. A., Local 333, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 18, 1951.

Attorney(s) appearing for the Case

Herbert M. Lord of counsel (Burlingham, Veeder, Clark & Hupper, attorneys), for appellants.

Bernard H. Fitzpatrick of counsel (Brenner, Butler and McVeigh, attorneys), for respondents.

GLENNON, J. P., COHN and CALLAHAN, JJ., concur; SHIENTAG, J., dissents and votes to affirm on the ground that a labor dispute is involved.

DORE, J.

Plaintiffs, employers under a collective bargaining agreement with members of defendant union, appeal from an order of Special Term denying their motion for a temporary injunction against defendants.

Plaintiffs jointly operate a fleet of tugs engaged in the docking and undocking of ocean-going vessels and in other towing work. Defendant labor union represents...

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