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POLLIO & SON, INC. v. INTERNATIONAL BRO. OF TEAMSTERS, ETC.

No. 65 C 447.

242 F.Supp. 684 (1965)

POLLIO & SON, INC., Anthony Pollio and Anthony Pollio, Jr., Plaintiffs, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Drivers and Chauffeurs Local Union No. 816, Joseph Forzano, individually and as President thereof, Lester Connell, individually and as Secretary-Treasurer thereof, William Hennessey, individually and as representative thereof, Joseph Canaro, Rocco Falotico, George Cooper, Joe Woods, Jeremiah Smith, Guillermo Perez and James Mills, individually and as members thereof, Defendants.

United States District Court E. D. New York.

June 17, 1965.

Attorney(s) appearing for the Case

Benedict J. Pollio, New York City, for plaintiffs.

Bruce Simon, New York City (Cohen & Weiss, New York City, of counsel), for defendants.

DOOLING, District Judge.

In an action commenced in the Supreme Court of the State of New York, County of Nassau, on April 15, 1965, defendants removed on the theory that the complaint charges conduct constituting a "secondary boycott" within § 8(b) (4) of the National Labor Relations Act [29 U. S.C. § 158(b) (4)] and which the corporate plaintiff made the subject of an unfair labor practice charge, and that in consequence the complaint states a claim within...

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