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AMERICAN FEDERATION OF LAB. v. WESTERN UNION TEL. CO.

No. 10955.

179 F.2d 535 (1950)

AMERICAN FEDERATION OF LABOR v. WESTERN UNION TELEGRAPH CO.

United States Court of Appeals Sixth Circuit.

January 31, 1950.

Attorney(s) appearing for the Case

Thurlow Smoot, Cleveland, Ohio (Frank Bloom, Washington, D. C., Smoot & Riemer, Cleveland, Ohio, on the brief), for appellant.

Robert M. Weh, Cleveland, Ohio (Robert M. Weh, Burgess, Fulton & Fullmer, Cleveland, Ohio, on the brief), for appellee.

Before HICKS, Chief Judge, MARTIN and MILLER, Circuit Judges.

MARTIN, Circuit Judge.

In this action, brought in the United States District Court for the Northern District of Ohio, the defendant, Western Union Telegraph Company, filed a motion to dismiss upon the ground that "the Court lacks jurisdiction of the subject matter." Judge Wilkin entered the following ruling in writing: "Having considered the defendant's motion to dismiss, the same is hereby sustained." Subsequently, the Chief Judge for the district entered this order...

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