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MATTER OF FERRARA (CATHERWOOD)

11 A.D.2d 171 (1960)

In the Matter of the Claim of Louis A. Ferrara et al., Appellants-Respondents. Martin P. Catherwood, as Industrial Commissioner, Respondent-Appellant. National Airlines, Inc., Respondent-Appellant; Helmut Etzbach et al., Respondents-Appellants; William Trimboli et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 12, 1960.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Harold F. Lee, Paxton Blair and Samuel Stern of counsel), for Industrial Commissioner, respondent-appellant.

Vladeck & Elias (Stephen C. Vladeck, David L. Bernstein and Judith P. Vladeck of counsel), for Louis A. Ferrara and another, appellants-respondents.

Lester Rosenbaum and Parnell J. T. Callahan for Helmut Etzbach and others, respondents-appellants.

Herman I. Meltzer for National Airlines, Inc., respondent-appellant.

Mahlon Z. Eubank for Commerce and Industry Association of New York, Inc., amicus curie.

William Trimboli, claimant-respondent in person.

Nicholas Monteleone, claimant-respondent in person.

Andrew Perello, Jr., claimant-respondent in person.

COON, GIBSON and REYNOLDS, JJ., concur with BERGAN, P. J.; HERLIHY, J., dissents, in part, in a memorandum.

BERGAN, P. J.

The employer National Airlines, Inc., has its general offices in Miami; but it has a ticket office and hangar at Idlewild Airport and three ticket offices in Manhattan. Ticket agents, reservation clerks and baggage handlers employed at Idlewild and at the Manhattan offices are members of a union; airplane mechanics and cleaners employed at the Idlewild hangar are members of another union. For convenience...

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