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MILLER v. BROWNING S. S. CO.

No. 115, Docket 20803.

165 F.2d 209 (1947)

MILLER v. BROWNING S. S. CO.

Circuit Court of Appeals, Second Circuit.

December 29, 1947.

Attorney(s) appearing for the Case

Desmond & Drury, of Buffalo, N. Y., for plaintiff.

Foster, Lott & Lutz, of Detroit, Mich., and Richards & Coffey, of Buffalo, N. Y. (Sparkman D. Foster and Allan B. Lutz, both of Detroit, Mich., and Laurence E. Coffey, of Buffalo, N. Y., of counsel), for defendant.

Before CHASE, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

A contract between the defendant company and the union to which plaintiff belonged provided that, when defendant needed employees it would "first call the union for such help," that the union "agrees to furnish capable, competent and satisfactory help in so far as it is possible," and that, "In the event the company rejects a prospective employee supplied by the union, such rejection shall be made in writing." Acting pursuant to this contract...

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