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McGUIRE v. HUMBLE OIL & REFINING COMPANY

247 F.Supp. 113 (1965)

James McGUIRE, as President, and Joseph Diovisalvo, as Secretary-Treasurer of Coal, Gasoline, Fuel Oil Teamsters, Chauffeurs, Oil Burner Installation Maintenance, Servicemen and Helpers of New York City and Vicinity, Nassau and Suffolk Counties, New York, N. Y. Local Union No. 553, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Plaintiffs, v. HUMBLE OIL & REFINING COMPANY, Defendant.

United States District Court S. D. New York.

September 30, 1965.

Attorney(s) appearing for the Case

Cohen & Weiss, Samuel J. Cohen, Stanley M. Berman, New York City, Bruce H. Simon, New York City, of counsel, for plaintiffs.

Cravath, Swaine & Moore, New York City, Harry H. Voight, New York City, Melvyn Freeman, of counsel, for defendants.

TENNEY, District Judge.

Plaintiffs move herein, in their official capacities, for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, "for the relief requested in the complaint."

In the complaint as drawn, plaintiffs not only request an order directing defendant to arbitrate certain grievances arising under named collective bargaining agreements, but also request that defendant be restrained from pursuing any activities contrary to...

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