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HIGHWAY & CITY FREIGHT DRIVERS, ETC. v. GORDON

No. 77-1542.

576 F.2d 1285 (1978)

HIGHWAY & CITY FREIGHT DRIVERS, DOCKMEN AND HELPERS, LOCAL UNION NO. 600, a voluntary unincorporated labor organization, Appellant, v. GORDON TRANSPORTS, INC., et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 19, 1978.

Rehearing Denied June 20, 1978.

Attorney(s) appearing for the Case

Stephen H. Gilmore, St. Louis, Mo., argued, Joseph B. Dickerson, Jr. and Robert A. Crowe, St. Louis, Mo., on briefs, for appellant.

Charles A. Seigel, St. Louis, Mo., argued, Hyman G. Stein, Charles H. Spoehrer and Ned O. Lemkemeier, St. Louis, Mo., on brief, for appellees.

Before LAY and BRIGHT, Circuit Judges, and SCHATZ, District Judge.

Rehearing and Rehearing En Banc Denied June 20, 1978.

LAY, Circuit Judge.

In this case we are asked to decide whether a labor union is a "person" who may file a petition for voluntary bankruptcy under § 4(a) of the Bankruptcy Act, 11 U.S.C. § 22(a). In 1970 Highway and City Freight Drivers, Dockmen and Helpers Local Union No. 600 (hereinafter the Union) engaged in an unlawful strike which resulted in a judgment of approximately six million dollars...

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