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BYRNE v. PUBLISHERS' ASS'N OF NEW YORK CITY

246 F.Supp. 296 (1965)

James BYRNE, individually and as President of the New York Newspaper Printing Pressmen's Union No. 2, AFL-CIO and John L. McFadden, individually and as Secretary-Treasurer of New York Newspaper Printing Pressmen's Union No. 2, AFL-CIO, Plaintiffs, v. The PUBLISHERS' ASSOCIATION OF NEW YORK CITY, News Syndicate Company, Inc., Journal American, Hearst Consolidated Publications, Inc., Long Island Star Journal Newspaper Enterprises, Inc., New York World Telegram Corporation, Defendants.

United States District Court S. D. New York.

October 5, 1965.

Attorney(s) appearing for the Case

Harold & Mozer, New York City, for Plaintiffs. Robert J. Mozer, New York City, of counsel.

Townley, Updike, Carter & Rodgers, New York City, for Defendants. John R. Schoemer, Jr., John D. Canoni, New York City, of counsel.

LEVET, District Judge.

On this motion the plaintiffs seek a preliminary injunction — which the plaintiffs euphemistically call a stay ancillary to arbitration restraining the defendants, their officers, agents and employees from anyway breaching a collective bargaining agreement that exists between them. Specifically, it is alleged that the defendants threatened to breach the "no strike — no lockout" clause in the collective bargaining agreement and...

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