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COSTARO v. SIMONS

302 N.Y. 318 (1951)

Anthony Costaro et al., Respondents, v. Joseph Simons, as President of Newspaper and Mail Deliverers' Union of New York and Vicinity, Defendant, and Rockaway News Supply Co., Inc., Appellant. (Appeal No. 1.) Anthony Costaro et al., Appellants, v. Joseph Simons, as President of Newspaper and Mail Deliverers' Union of New York and Vicinity, Defendant, and Rockaway News Supply Co., Inc., Respondent. (Appeal No. 2.)

Court of Appeals of the State of New York.

Decided April 12, 1951

Attorney(s) appearing for the Case

Julius Kass and Jack E. Bronston for appellant in first above-entitled action.

Arthur G. Warner and James E. Birdsall for respondents in first above-entitled action.

Arthur G. Warner and James E. Birdsall for appellants in second above-entitled action.

Julius Kass, Jack E. Bronston and Richard Halpern for respondent in second above-entitled action.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Per Curiam.

We read the complaint as alleging that the controversy involves unfair labor practices within the purview of the Labor Management Relations Act of 1947 (§ 8, subd. [a], par. [3]; subd. [b], par [2]; U. S. Code, tit. 29, § 158, subd. [a], par. [3]; subd. [b], par [2]). That being so, plaintiffs are under the necessity of resorting in the first instance...

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