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UPHOLSTERERS' INTERNATIONAL U. v. AMERICAN PAD & TEXTILE CO.

No. 16789.

372 F.2d 427 (1967)

UPHOLSTERERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, and Local Union No. 307, Upholsterers' International Union of North America, AFL-CIO, Plaintiffs-Appellees, v. The AMERICAN PAD & TEXTILE COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

January 6, 1967.

Attorney(s) appearing for the Case

Don Burkholder, Cincinnati, Ohio, for appellant. Rendigs, Fry, Kiely & Dennis, Cincinnati, Ohio, Buchanan, Ingersoll, Rodewald, Kyle & Buerger, David B. Buerger, Rex Rowland, Pittsburgh, Pa., on the brief.

Robert I. Doggett, Cincinnati, Ohio, for appellees, Smith & Latimer, Cincinnati, Ohio, on the brief.

Before EDWARDS and CELEBREZZE, Circuit Judges, and TAYLOR, District Judge.

EDWARDS, Circuit Judge.

In this case plaintiff-appellee unions sued the defendant-appellant company for damages for violation of a previously existing labor-management contract. The critical language is found in Supplement No. 1 to the contract, dated April 15, 1960:

"2. It is further agreed that any employee with 15 years or more of continuous service with The American Pad and Textile Company at the time of retirement and having attained the age of 65 years...

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