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EAGLE-PICHER COMPANY v. SPERRY

No. 14842-1.

227 F.Supp. 153 (1964)

The EAGLE-PICHER COMPANY, Plaintiff, v. Hugh E. SPERRY, Regional Director, National Labor Relations Board, Defendant, and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (U.A.W.), AFL-CIO, Intervenor.

United States District Court W. D. Missouri, W. D.

March 9, 1964.

Attorney(s) appearing for the Case

McMath, Leatherman, Woods & Youngdahl, Little Rock, Ark., Chas. B. Blackmar, Swanson, Midgley, Jones, Blackmar & Eager, Kansas City, Mo., Charles S. Dautel, Cincinnati, Ohio, for plaintiff.

Thomas C. Hendrix, Kansas City, Mo., for defendant.

C. David Whipple, Krings, Whipple, Mauer & Eisler, Kansas City, Mo., for intervenor.

JOHN W. OLIVER, District Judge.

This case pends on plaintiff's motion for summary judgment and on defendant's alternative motion to dismiss, or, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, for summary judgment, should it be determined that we have jurisdiction. Defendant's motion to dismiss is well taken and will be sustained. Both defendant's alternative motion for summary judgment and plaintiff's motion for summary judgment will be denied because...

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