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CONE BROS. CONTRACT. CO. v. BRICKLAYERS, MASONS, ETC.

No. 17246.

263 F.2d 297 (1959)

CONE BROTHERS CONTRACTING COMPANY, Appellant, v. BRICKLAYERS, MASONS, PLASTERERS, MARBLE MASONS, TILE LAYERS, TERRAZZO WORKERS, AND CEMENT FINISHERS' UNION NO. 3, FLORIDA, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 11, 1959.

Attorney(s) appearing for the Case

Erle Phillips, Atlanta, Ga., L. Robert Frank, Tampa, Fla., Fisher, Phillips & Allen, Atlanta, Ga., Allen, Dell, Frank & Trinkle, Tampa, Fla., for appellant.

Richard E. McGee, Frank A. McClung, Brooksville, Fla., for appellee.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.

RIVES, Circuit Judge.

Pursuant to Section 303 of the Labor Management Relations Act, 29 U.S.C.A. § 187,1 appellant-employer filed a complaint against appellee-union seeking to recover damages sustained by reason of a violation of said section. The complaint alleged that a dispute existed between the Union and Acme Tile & Terrazzo Company, a subcontractor working under a contract from the employer; that the Union picketed the employer...

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