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INTERNATIONAL UNION, ETC. v. INTERNATIONAL UNION, ETC.

No. 13878.

173 F.2d 557 (1949)

INTERNATIONAL UNION OF OPERATING ENGINEERS, A. F. OF L., LOCAL NO. 148 v. INTERNATIONAL UNION OF OPERATING ENGINEERS, A. F. OF L., LOCAL NO. 2 et al.

United States Court of Appeals Eighth Circuit.

March 31, 1949.

Attorney(s) appearing for the Case

Robert Kratky, of St. Louis, Mo. (Bartley & Bartley, of St. Louis, Mo., on the brief), for appellant.

Mozart G. Ratner, Atty., National Labor Relations Board, of Washington, D. C. (David P. Findling, Associate Gen. Counsel, A. Norman Somers, Asst. Gen. Counsel, and Norton J. Come, Atty. National Labor Relations Board, all of Washington, D. C., on the brief), for appellee, National Labor Relations Board.

George B. Logan, of St. Louis, Mo. (J. Terrell Vaughan, Bourne Bean and Cobbs, Logan, Armstrong, Teasdale & Roos, all of St. Louis, Mo., on the brief), for appellee, Laclede Gas Light Co.

Morris J. Levin, of St. Louis, Mo., for appellee, United Gas, Coke & Chemical Workers of America, C. I. O., Local No. 6.

Before SANBORN, RIDDICK, and COLLET, Circuit Judges.

SANBORN, Circuit Judge.

The District Court, on August 31, 1948, dismissed, for failure to state a claim upon which relief could be granted, a complaint filed by the International Union of Operating Engineers, A. F. of L., Local No. 2, and a cross-complaint filed by the International Union of Operating Engineers, A. F. of L., Local No. 148. Both the complaint and the cross-complaint sought to enjoin the holding of an election among the employees of the Laclede Gas...

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