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SMITH'S TRANSFER CORP. v. LOCAL NO. 29 OF INT. BRO. OF TEAM.

Civ. A. No. 73-C-36-H.

365 F.Supp. 1234 (1973)

SMITH'S TRANSFER CORPORATION, Plaintiff, v. LOCAL NO. 29 OF the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA et al., Defendants.

United States District Court, W. D. Virginia, Harrisonburg Division.

September 24, 1973.

Attorney(s) appearing for the Case

Benham M. Black, Lotz, Black, Coleman & Gudal, Staunton, Va., for plaintiff.

John C. Lowe, Lowe & Gordon, Charlottesville, Va., and Robert M. Baptiste, Washington, D. C., for defendants.

OPINION

TURK, District Judge.

This case was removed to this court pursuant to 28 U.S.C. § 1441 by a petition for removal filed by certain officers, business agents or employees of Local 29 of the Teamsters Union, who are the named defendants in a suit commenced in the Circuit Court of Augusta County, Virginia on August 7, 1973. The action is now before this court on a motion to remand filed by Smith's Transfer Corporation, the plaintiff in the state...

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