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MANDEL v. HIGHWAY AND LOCAL MOTOR FREIGHT DRIVERS, ETC.

246 F.Supp. 805 (1964)

Jerome MANDEL et al., Plaintiffs, v. HIGHWAY AND LOCAL MOTOR FREIGHT DRIVERS, DOCKMEN AND HELPERS, LOCAL UNION NO. 707, International Brotherhood of Teamsters, Yale Transport Corp. and Yale Express System, Inc., Defendants.

United States District Court S. D. New York.

December 14, 1964.

Attorney(s) appearing for the Case

Paul F. Lardi, Marvin J. Rosenberg, New York City, for plaintiff.

Cohen & Weiss, New York City, for defendant Local 707; John J. Sheehan, New York City, of counsel.

Zelby & Burstein, Halperin, Shivitz, Scholer & Steingut, New York City, for defendants Yale Transport Corp. and Yale Express System, Inc.; Herbert Burstein, New York City, of counsel.

COOPER, District Judge.

The union moves pursuant to Rule 12 F.R.Civ.P. to dismiss the first cause of action.

Yale Transport Corp. and Yale Express System, Inc. (hereinafter Management) move pursuant to Rule 12 F.R.Civ.P. to dismiss the second, third and fourth causes of action.

This memorandum undertakes to dispose of both motions.

UNION'S MOTION TO DISMISS

Plaintiffs aver that they now have, and for several years have had, substantial...

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