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WESTINGHOUSE ELEC. CORP. v. LOCAL NO. 449, ETC.

23 N.J. 170 (1957)

128 A.2d 457

WESTINGHOUSE ELECTRIC CORPORATION, A CORPORATION OF THE COMMONWEALTH OF PENNSYLVANIA, PLAINTIFF-APPELLANT, v. LOCAL No. 449 OF INTERNATIONAL UNION OF ELECTRICAL AND RADIO, MACHINE WORKERS, CIO, LOUIS BONYI, PRESIDENT, RUSSELL EMMONS, VICE PRESIDENT, AND JEAN BORICS, SECRETARY, ALL OF LOCAL No. 449, CHARLES KOVACS, AMERICO FIORI, ANGELO CALISTI AND CIO CENTRAL JERSEY INDUSTRIAL UNION COUNCIL, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

December 10, 1956.

Decided January 14, 1957.

Attorney(s) appearing for the Case

Mr. Walter F. Waldau argued the cause for appellant (Messrs. Minton, Dinsmore & Bohlinger and Messrs. Stryker, Tams & Horner, attorneys; Mr. H. Collin Minton, Jr., of counsel).

Mr. Sol D. Kapelsohn argued the cause for respondents Local No. 449, Louis Bonyi, Russell Emmons and Jean Borics (Messrs. Kapelsohn, Lerner, Leuchter & Reitman, attorneys).

Mr. George Pellettieri argued the cause for respondents Charles Kovacs, Americo Fiori, Angelo Calisti and CIO Central Jersey Industrial Union Council (Messrs. Pellettieri & Rabstein, attorneys).

The opinion of the court was delivered by WACHENFELD, J.

This appeal arises out of a labor injunction case in which the appellant, the Westinghouse Corporation, on three different occasions sought and obtained ex parte injunctive relief against the defendants. On full argument as to whether or not a preliminary injunction should be granted, the Chancery Division, after oral examination and cross-examination of witnesses offered on the appellant's behalf, discharged...

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