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MORGAN DRIVE AWAY v. INTERNATIONAL BROTHERHOOD, ETC.

No. IP 57-C-285.

166 F.Supp. 885 (1958)

MORGAN DRIVE AWAY, Inc., an Indiana Corporation, Plaintiff, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A Labor Organization, and as a representative of all other defendants, et al., Defendants.

United States District Court S. D. Indiana, Indianapolis Division.

Order Filed October 28, 1958.

Attorney(s) appearing for the Case

Thompson, O'Neal & Smith, Indianapolis, Ind., Russell J. Ryan, Jr., and Robert D. Morgan, Indianapolis, Ind., of counsel, for plaintiff.

Padway, Goldberg & Previant, Milwaukee, Wis., David Leo Uelman, Milwaukee, Wis., Gregg Fillion, Fillenwarth & Hughes, Indianapolis, Ind., Edward J. Fillenwarth, Indianapolis, Ind., of counsel, for defendants.

HOLDER, District Judge.

Plaintiff commenced its action on December 2, 1957, against the defendants. The complaint is in two paragraphs.1

The defendants, San Soucie, Cors and Jones, filed a joint motion to dismiss as to paragraph one of the complaint and another motion to dismiss as to paragraph two of the complaint.2

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