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FISCHBACH & MOORE, INC. v. INTERNATIONAL UNION OF OP. ENG.

Civ. No. 1251-60.

198 F.Supp. 911 (1961)

FISCHBACH AND MOORE, INC., a corporation, C. D. Draucker, Inc., a corporation, Fischbach and Moore, Inc., and C. D. Draucker, Inc., a Joint Venture, Plaintiffs, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, a labor organization and an unincorporated association, International Union of Operating Engineers, Local Unions Nos. 12, 12A, 12B, 12C and 12D, affiliated with the International Union of Operating Engineers, labor organizations and unincorporated associations, Defendants.

United States District Court S. D. California, Central Division.

November 6, 1961.

Attorney(s) appearing for the Case

Hill, Farrer & Burrill, Los Angeles, Cal., for plaintiffs.

Brundage, Hackler & Flaum, Los Angeles, Cal., for defendants.

THURMOND CLARKE, District Judge.

This matter is before the court for consideration of several motions by defendants. Because of the significant nature of the issues raised by defendants' motions to dismiss and strike, the court deems it necessary to file a separate opinion explaining the view taken on these motions.

The complaint in this action was filed on November 1, 1960, by two corporations and a joint venture...

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