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BERMAN v. NATIONAL MARITIME UNION

166 F.Supp. 327 (1958)

Leopold BERMAN, Samuel Bierman, Charles E. Colcord, John Southwick, Theodore Kelm, Aleksander Pasiecznik, Angel Torres, Donald W. Jackson, Roy Rydell, Roy Eyjian, Anselmo De Castro Francis, Elmer Reese, Torolf Bergstrom and Rudolph Kaunitz, suing on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. NATIONAL MARITIME UNION, American Merchant Marine Institute, Inc., American Export Lines, Inc., Grace Line, Inc., Lykes Brothers Steamship Company, Inc., Moore McCormack Lines, Inc., United Fruit Company and United States Lines Company, Defendants.

United States District Court S. D. New York.

September 18, 1958.

Attorney(s) appearing for the Case

Rabinowitz & Boudin, John J. Abt, New York City, for plaintiffs.

Lorenz, Finn & Giardino, New York City, for defendant United Fruit Co.

BICKS, District Judge.

The motion sub judice seeks dismissal of the complaint on the ground that this Court is without jurisdiction of the cause. Defendants argue that the National Labor Relations Board (hereinafter referred to as NLRB) has exclusive original jurisdiction but if the contrary be true this Court is still without the power to entertain the suit.

The complaint alleges: (i) plaintiffs are unlicensed...

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