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WESTINGHOUSE ELECTRIC CORP. v. UNITED ELEC. R. & M. WKRS.

No. 10524.

194 F.2d 770 (1952)

WESTINGHOUSE ELECTRIC CORP. v. UNITED ELECTRICAL RADIO AND MACHINE WORKERS OF AMERICA et al.

United States Court of Appeals Third Circuit.

Decided February 21, 1952.

Attorney(s) appearing for the Case

David Scribner, New York City (Donner & Kinoy, New York City, Gross & Blumberg and Morton Stavis, Newark, N. J., Frank J. Donner, Arthur Kinoy, and Marshall Perlin, New York City, on the brief), for appellants.

Bertram Diamond, Washington, D. C. (Benjamin C. Sigal, Washington, D. C., Wilner & Wilner, Pittsburgh, Pa., on the brief), for International Union of Electrical Radio and Machine Workers et al.

John C. Bane, Jr., Pittsburgh, Pa. (Donald B. Heard, Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., on the brief), for Westinghouse Electric Corp.

Before GOODRICH and HASTIE, Circuit Judges, and BURNS, District Judge.

HASTIE, Circuit Judge.

In this case a defendant is asking us to review the normally discretionary action of a court of first instance in granting a plaintiff's motion to discontinue and dismiss his suit before trial.

The plaintiff, Westinghouse Electric Corporation, a Pennsylvania corporation with its principal place of business in Pittsburgh, Pennsylvania and plants in other states, instituted this suit as an action of strict interpleader under Section 1335...

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