MATTER OF LOCAL 824, INT'L LONGSHOREMEN'S ASS'N (IND.) v. WATERFRONT COMM'N OF NEW YORK HARBOR


6 N.Y.2d 861 (1959)

In the Matter of Local 824, International Longshoremen's Association (Ind.), Appellant, v. Waterfront Commission of New York Harbor, Respondent. In the Matter of John Bowers, Appellant, v. Waterfront Commission of New York Harbor, Respondent.

Court of Appeals of the State of New York.

Decided May 29, 1959.


Attorney(s) appearing for the Case

Henry A. Lowenberg and Sydney Hyman for appellants.

William P. Sirignano, Irving Malchman and Jerome J. Klied for respondent.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD and BURKE. Judge FROESSEL dissents in the following opinion in which Judge VAN VOORHIS concurs.


Appeals dismissed, without costs, upon the ground that the asserted constitutional questions are not directly involved in the decision appealed from (Civ. Prac. Act, § 588, subd. 1, par. [a]).

FROESSEL, J. (dissenting).

I do not think we should dismiss these appeals on the ground that the subpœnas were effective whether or not section 8 of the Waterfront Commission Act is constitutional, and that hence a constitutional question is not...

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