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I.O.M.M. & P. of A., LOCAL NO. 2 v. I.O.M.M. & P. of A.

456 Pa. 436 (1974)

International Organization Masters, Mates and Pilots of America, Local No. 2, Appellant, v. International Organization Masters, Mates and Pilots of America, Inc.

Supreme Court of Pennsylvania.

April 23, 1974.

Attorney(s) appearing for the Case

Kip D. Denega, Jr., with him John W. Kephart, Jr., and Joseph N. Bongiovanni, III, for Reed, Devos, King, Cohen, Petruncio and Vickers, appellants.

Wilfred F. Lorry, with him William Goichman and Lorry, Machles & Hymowitz, for Stoughton, Schweigert, Smith, Lucas and Zartman, appellants.

William J. Lederer, for Francis J. Sibre, appellant.

John D'Angelo, with him Marvin Schwartz, and Bank & Minehart, for International Organization Masters, Mates and Pilots of America, Inc., a corporation, et al., appellees.

Howard L. Ganz, with him Bernard G. Segal, James J. Leyden, Schnader, Harrison, Segal & Lewis, and Proskauer, Rose, Goetz & Mendelsohn, for Employer-Designated Trustees of International Organization Masters, Mates and Pilots Pension and Welfare Plan, a trust, appellees.

Melvin Alan Bank, with him Marvin Schwartz, and Bank & Minehart, for Union-Designated Trustees of International Organization Masters, Mates and Pilots Pension and Welfare Plan, a trust, appellees.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE NIX, April 23, 1974:

In 1956 twelve members of Local 2 of the defendant union, International Organization of Masters, Mates and Pilots of America, instituted an action in equity against the union for improper expulsion. Preliminary objections were sustained by the trial court which held that its jurisdiction was preempted by that of the National Labor Relations Board. This Court overturned that ruling and remanded the case, 414...

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