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DAIRY DISTRIBUTORS, INC. v. WESTERN CONF. OF TEAMSTERS

No. 6629.

294 F.2d 348 (1961)

DAIRY DISTRIBUTORS, INC., Appellant, v. WESTERN CONFERENCE OF TEAMSTERS, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 3, 1961.

Attorney(s) appearing for the Case

Arthur A. Allen, Jr., Salt Lake City, Utah (Hanson, Baldwin & Allen, Salt Lake City, Utah, were with him on the brief), for appellant.

Elias Hansen, Salt Lake City, Utah (Clarence M. Beck and A. Park Smoot, Salt Lake City, Utah, were with him on the brief), for appellee.

Douglas McHendrie, Denver, Colo. (John F. Mueller and Grant, Shafroth, Toll & McHendrie, Denver, Colo., were with him on the brief), for amici curiae.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judges.

This appeal is taken from a decree of the District Court for the District of Utah which perpetually enjoined Dairy Distributors, Inc. from enforcing a judgment for $100,000 obtained against the Western Conference of Teamsters in the state courts of Utah. Appellant's basic contention of error is that the United States District Court has but relitigated issues fully determined in the state court action and has premised the injunction upon findings...

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