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UNDERWOOD v. DELANEY

Civ. A. Nos. 2052, 2053.

170 F.Supp. 21 (1958)

Roy J. UNDERWOOD, v. Joseph J. DELANEY and Hunter P. Wharton, individually and as representatives of the International Union of Operating Engineers. Homer DAWSON, Colombo Acchione, Edmond Farmer, Nathan Unruh, Louis Lattanzio, Norman Gale, Howard Kaye, George E. Saltzman, Stanley Kosiorek, Michael Concordia and Robert Palmer Driscoll, in their own behalf and on behalf of all members of Local 542 and its branches 542A, 542B and 542C of the International Union of Operating Engineers, v. Joseph J. DELANEY and Hunter P. Wharton, individually and as representatives of the International Union of Operating Engineers.

United States District Court D. Delaware.

November 28, 1958.

Attorney(s) appearing for the Case

Abraham E. Freedman and Marvin I. Barish, of Freedman, Landy & Lorry, Philadelphia, Pa., and Harold Leshem, Wilmington, Del., for plaintiffs.

William S. Potter and James L. Latchum, of Berl, Potter & Anderson, Wilmington, Del., for defendants; Charles A. Wolfe, of Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., and J. Albert Woll, Washington, D. C., of counsel.

LAYTON, District Judge.

Although these motions present questions purely legal in nature, the factual background of the two actions involved is briefly sketched in order that a better understanding of the matter may be had.

The International Union of Operating Engineers (International) is a nationwide union whose members operate all types of mechanical and hoisting equipment such as cranes, bulldozers and the like. Local 542 is a labor union affiliated with...

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