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INTERNATIONAL BROTHERHOOD OF TEAMSTERS v. LEEDOM

Civ. No. 550-56.

141 F.Supp. 867 (1956)

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, General Drivers and Helpers Local 554, AFL-CIO, and Albert S. Parker, James Faulhaber, William Henley and Edward Jansa, on behalf of themselves and all others similarly situated, Plaintiffs, v. Boyd Stewart LEEDOM, Abe Murdock, Ivar H. Peterson, Philip Ray Rodgers, Stephen Sibley Bean, Individually and as members of the National Labor Relations Board, and National Labor Relations Board, Defendants.

United States District Court District of Columbia.

March 20, 1956.

Attorney(s) appearing for the Case

Philip F. Herrick, Washington, D. C., David Weinberg, Omaha, Neb., for plaintiffs.

Duane B. Beeson, Norton J. Come, National Labor Relations Board, Washington, D. C., for defendants.

McLAUGHLIN, District Judge.

This is an action seeking a preliminary injunction restraining the enforcement of an Act of Congress, specifically Section 9(c) (3) of the National Labor Relations Act, as amended,1 on the ground that the particular provision thereof is unconstitutional and/or that the National Labor Relations Board is unconstitutionally applying said provisions of the Act. Defendants filed a motion to dismiss or in the alternative...

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