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FRIESEN v. GEN. TEAM & TRUCK DRIVERS LOCAL UNION NO. 54

No. 40,247

181 Kan. 769 (1957)

317 P.2d 366

LEON V. FRIESEN and KATHERINE M. FRIESEN, Appellees, v. GENERAL TEAM AND TRUCK DRIVERS LOCAL UNION No. 54, Hutchinson, Kansas, affiliated with INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA: CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL UNION No. 795, affiliated with INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA; GEORGE FITE; S.E. SMITH; CLARENCE KING; JOE HUGHES; and the Agents, Servants, Employees and Members of the aforesaid persons and organizations, Appellants.

Supreme Court of Kansas.

Opinion filed October 5, 1957.

Attorney(s) appearing for the Case

Russell Cranmer, of Wichita, argued the cause; Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Dale B. Stinson, Jr., Cliff W. Ratner, William L. Fry, A. Wayne Murphy, Ray A. Overpeck, Bernard V. Borst, H.K. Greenleaf, Jr., and D. Clifford Allison, all of Wichita, were with him on the briefs for appellants.

Pa rick H. Thiessen, of Hutchinson, argued the cause; A. Lewis Oswald and and William L. Mitchell, both of Hutchinson, were with him on the briefs for appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

The question presented by this appeal is whether Congress, by vesting in the National Labor Relations Board jurisdiction over labor relations matters affecting interstate commerce, has completely displaced state power to deal with such matters where the Board has declined or obviously would decline to exercise its jurisdiction but has not ceded jurisdiction pursuant to the proviso to Section 10(a) of...

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