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KENIN v. WARNER BROS. PICTURES, INC.

188 F.Supp. 690 (1960)

Herman D. KENIN, as President of American Federation of Musicians of the United States and Canada, AFL-CIO, Plaintiff, v. WARNER BROS. PICTURES, INC., Defendant.

United States District Court S. D. New York.

September 6, 1960.

Attorney(s) appearing for the Case

Vladeck & Elias, New York City, and Van Arkel & Kaiser, Washington, D. C., for plaintiff; Stephen C. Vladeck, Judith P. Valdeck, David L. Bernstein, New York City, Henry Kaiser and Eugene Gressman, of the District of Columbia Bar, Washington, D. C., of counsel.

Proskauer, Rose, Goetz & Mendelsohn, and Howard Levinson, New York City, for defendant; Burton A. Zorn, Marvin E. Frankel, Martin J. Oppenheimer, Ira H. Lustgarten and Saul G. Kramer, New York City, of counsel.

HERLANDS, District Judge.

Plaintiff's motion for a preliminary injunction and defendant's cross-motion to dismiss the complaint present novel and important questions in the field of labor law.

The primary question concerns the extent to which a labor union (the plaintiff, hereinafter referred to as "Federation") can effectively assert a contract claim against the employer (the defendant) and negotiate with the employer after the expiration of their...

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