NASH v. MENNAN


279 A.D. 609 (1951)

Frank E. Nash, Doing Business under the Name of Frank E. Nash Fence Company, Respondent, v. Frank Mennan, as President of Local 580 of the International Association of Bridge, Structural and Ornamental Iron Workers, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 22, 1951.


Judgment reversed on the law and the facts, with costs, and complaint dismissed on the law, with costs. Insofar as the Referee may have found as a fact that no labor dispute existed, that finding is reversed. All other findings of fact are affirmed.

In our opinion the evidence establishes a labor dispute within the meaning of section 876-a of the Civil Practice Act. Although the members of the defendant union are not employees of the plaintiff, and the defendants...

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