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EBINGER BAKING CO. v. BAKERY & PASTRY DRIVERS & HELPERS

No. 61-C-171.

194 F.Supp. 617 (1961)

EBINGER BAKING COMPANY, Plaintiff, v. BAKERY AND PASTRY DRIVERS AND HELPERS, LOCAL 802, OF the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, John Strauss, Individually and as President Thereof, and Robert J. Sullivan, Individually and as Secretary-Treasurer Thereof, Defendants.

United States District Court E. D. New York.

May 26, 1961.

Attorney(s) appearing for the Case

Eckhaus & Eckhaus, New York City, for plaintiff. Joseph Eckhaus, New York City, Nathaniel M. Swergold, Kew Gardens, N. Y., of counsel.

Cohen & Weiss, New York City, for defendants. Herbert A. Levy, New York City, of counsel.

BARTELS, District Judge.

Motion by defendants to dismiss the complaint pursuant to Rule 12(b) (6), Fed.Rules Civ.Proc., 28 U.S.C.A., on the ground that the Collective Bargaining Agreement which is the subject matter of the action is unenforceable as contrary to public policy or, in the alternative, to dismiss the complaint as to the individual defendants John Strauss and Robert J. Sullivan pursuant to Rule 12(b) (6) upon the above mentioned ground and also pursuant...

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