ASSOCIATION OF WESTINGHOUSE v. WESTINGHOUSE EL. CORP.

No. 10954.

210 F.2d 623 (1954)

ASSOCIATION OF WESTINGHOUSE SALARIED EMPLOYEES v. WESTINGHOUSE ELECTRIC CORP.

United States Court of Appeals, Third Circuit.

Reargued December 22, 1953.

Decided January 28, 1954.


Attorney(s) appearing for the Case

Albert C. Shapira, Pittsburgh, Pa., for appellant.

Mahlon E. Lewis, Pittsburgh, Pa., (Loyal H. Gregg, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.


STALEY, Circuit Judge.

Plaintiff appeals from the district court's dismissal of its complaint. We assume the truth of all the factual allegations, which are as follows:

Plaintiff, an unincorporated labor organization, is the bargaining representative of a large group of defendant's salaried employees. Some four thousand of these employees did not work on a certain day in April of 1951, and, as a consequence, defendant did not pay them for that day. Asserting...

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