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FITZGERALD v. HAYNES

Civ. A. No. 5719.

146 F.Supp. 735 (1956)

Albert J. FITZGERALD, individually and as representative of the members of the United Electrical, Radio and Machine Workers of America (UE), Plaintiff, v. Norman HAYNES, Matthew Shelley, John Mapstone, Vanetta Groce, Marian Hart, Jean Johnson, Hazel Frederick, Rex Greeley, Earl Caton, Ruth Ohl, Freda Schwenkmeyer, Benjamin Riskin and Alfred Ellis, Defendants.

United States District Court M. D. Pennsylvania.

December 20, 1956.

Attorney(s) appearing for the Case

Merrill W. Linn, Lewisburg, Pa., David Cohen, Philadelphia, Pa., Donner, Kinoy & Perlin, New York City, for plaintiff.

Robert Wise, Williamsport, Pa., Martin R. Bradley, Jr., Buffalo, N. Y., Plato E. Papps, Washington, D. C., for defendants.

FOLLMER, District Judge.

The issues here arise on motion to strike the complaint for lack of jurisdiction to grant the injunctive relief prayed for.

The complaint alleges:

(a) that the plaintiff is a citizen of Massachusetts, the defendants are residents of Pennsylvania, and the amount in controversy, exclusive of interest and costs, exceeds the sum of $3,000;

(b) that the plaintiff is the duly elected President of United Electrical, Radio...

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