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CHEYNE v. FERRO

56 Misc.2d 1010 (1968)

Gerald K. Cheyne, Doing Business as Cheyne Distributors, et al., Plaintiffs, v. Anthony J. Ferro, Individually, and as Business Agent of the Beer Drivers, Brewery, Soft Drinks & Maintenance Workers Local No. 263, et al., Defendants.

Supreme Court, Herkimer County.

May 10, 1968

Attorney(s) appearing for the Case

Saverio M. Flemma for defendants. Sidney H. Kitay for plaintiffs.

RICHARD J. CARDAMONE, J.

The defendants move to dismiss plaintiffs' complaint pursuant to CPLR 3211 upon the grounds that the complaint fails to state a cause of action and that this court has no jurisdiction of the subject matter since the same is pre-empted by the National Labor Relations Board.

The plaintiffs are engaged in the business of wholesale beer and soft drinks distribution. The defendants...

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