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NATIONAL DAIRY PRODUCTS CORPORATION v. HEFFERNAN

No. 61-C-399.

195 F.Supp. 153 (1961)

NATIONAL DAIRY PRODUCTS CORPORATION, Plaintiff, v. Joseph P. HEFFERNAN, individually and as President of the Ice Cream Drivers and Employees Union, Local 757, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Edward Murphy, individually and as Secretary-Treasurer of said Union, Local 757, Peter Clark, Bernard Kerrigan, Louise Monahan, and all route drivers, platform men, checkers, traffic box men, order employees, production men, production women, maintenance employees, cabinet employees and other persons employed by the Breyer Ice Cream Division of National Dairy Products Corporation who are members of Local 757 and whose employment is covered by an agreement between Local 757 and National Dairy Products Corporation dated May 1, 1957, Defendants.

United States District Court E. D. New York.

June 8, 1961.

Attorney(s) appearing for the Case

Sullivan & Cromwell, New York City, William A. Ziegler, Jr., Charles B. Farr, New York City, of counsel, for plaintiff.

Cohen & Weiss, New York City, Samuel J. Cohen, Bruce H. Simon, New York City, of counsel, for defendants.

BARTELS, District Judge.

Motion by plaintiff to remand the instant action to the Supreme Court of the State of New York, County of Queens, from whence it was removed by the defendants herein on May 31, 1961.

The complaint alleges that the defendants have violated and are continuing to violate the "no-strike" provisions of the collective bargaining agreement between plaintiff and Local 757, causing great and irreparable harm to plaintiff. Reciting that it has...

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