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MORGAN MILLWORK CO. v. HIGHWAY TRUCK DRIVERS, ETC.

115 A.2d 709 (1955)

The MORGAN MILLWORK COMPANY, a Maryland corporation, Plaintiff, v. HIGHWAY TRUCK DRIVERS AND HELPERS, A. F. OF L. LOCAL NO. 107, an unincorporated association, Defendant.

Court of Chancery of Delaware, New Castle.

July 22, 1955.

Attorney(s) appearing for the Case

Joseph H. Flanzer and Robert C. Barab, Wilmington and Jacob Blum, Baltimore, Md., for plaintiff.

David B. Coxe, Jr., and Robert B. Walls, Jr., Wilmington, for defendant.

SEITZ, Chancellor.

This is an action by plaintiff-employer seeking a permanent injunction against the defendant-union to restrain allegedly illegal picketing. The Union asserted defensively that this Court lacked jurisdiction because plaintiff was guilty of violations of the National Labor Relations Act, 29 U.S.C.A. § 151 et seq., and those issues could only be tried before the N.L.R.B. This Court refused to dismiss the action but stayed the decision to give...

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