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GULF POWER COMPANY v. LOCAL UNIONS NOS. 676 AND 1078

No. 15559.

229 F.2d 655 (1956)

GULF POWER COMPANY, Appellant, v. LOCAL UNIONS NOS. 676 AND 1078 OF PENSACOLA, FLORIDA, OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, Labor Organization, Appellees.

United States Court of Appeals Fifth Circuit.

January 19, 1956.

Attorney(s) appearing for the Case

Bert Lane, Yonge, Beggs & Lane, Pensacola, Fla., Frank A. Constangy, Atlanta, Ga., for appellant.

Philip D. Beall, Pensacola, Fla., Joseph Jacobs, Atlanta, Ga., Jacobs & Jacobs, Atlanta, Ga., for appellees.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

BROWN, Circuit Judge.

This case involves the erroneous use of summary judgment.

The suit, filed in the Florida State Court, removed for diversity, was by appellees, two local Unions against the employer, Gulf Power Company, for declaratory relief, Section 87.01, Florida Statutes of 1941, F.S.A. The claim was that, since the opening, about ten years previously, of the new steam plant on the Escambia River, approximately 12 miles from the City of Pensacola,...

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