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ÆOLIAN CO. v. FISCHER

27 F.2d 560 (1928)

ÆOLIAN CO. et al. v. FISCHER et al.

District Court, S. D. New York.

May 15, 1928.

Attorney(s) appearing for the Case

Pavey & Higgins, of New York City (J. C. Higgins, of New York City, of counsel), for plaintiffs.

Morris Hillquit, of New York City, for defendants Fischer, Rosebrook and Meller.

James E. Smith, of New York City, for defendant Local Union No. 3, International Brotherhood of Electrical Workers.

Marcus E. Joffe, of New York City, for defendants Combined Amusement Crafts and Carl Lessing.

THACHER, District Judge (after stating the facts as above).

It seems entirely clear that this case can find no support in the Sherman Act, as amended by the Clayton Act (15 USCA § 1 et seq.). Strikes were not called or threatened against the use of plaintiffs' organs, but only against the employment of nonunion labor in the local work of installation and maintenance. The purpose of all that was done was to coerce the...

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