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DURHAM v. MASON AND DIXON LINES, INC.

No. 18052.

404 F.2d 864 (1968)

David H. DURHAM et al., Plaintiffs-Appellants, v. The MASON AND DIXON LINES, INC., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

December 12, 1968.

Attorney(s) appearing for the Case

Mozart G. Ratner, Washington, D. C., for appellants; H. Solomon Horen, Louisville, Ky., on brief.

Edgar A. Zingman, Louisville, Ky., for appellee; Wyatt, Grafton & Sloss, Louisville, Ky., Edwin O. Norris, David W. Zugschwerdt, W. Scott Trundle, Hunter, Smith, Davis, Norris, Waddey & Treadway, Kingsport, Tenn., on brief.

Before WEICK, Chief Judge, and O'SULLIVAN and McCREE, Circuit Judges.

McCREE, Circuit Judge.

Appellants instituted a class action in the District Court under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1964), for enforcement of certain seniority benefits to which they claimed they were entitled under the collective bargaining contract entered into between their union and appellee. The complaint alleged that appellee had procured a change in the collective bargaining agreement by means of fraudulent misrepresentations...

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