CHAUFFEURS, TEAMSTERS, ETC. v. YELLOW TRANS. FRGT. LINES

Nos. 6272-6277.

282 F.2d 345 (1960)

CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL UNION NO. 795, a labor organization affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellant, v. YELLOW TRANSIT FREIGHT LINES, INC., a corporation, Appellee. CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL UNION NO. 795, a labor organization affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellant, v. LEE WAY MOTOR FREIGHT, INC., a corporation, Appellee. CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL UNION NO. 795, a labor organization affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellant, v. WATSON BROS. TRANSPORTATION CO., Inc., a corporation, Appellee. CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL UNION NO. 795, a labor organization affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellant, v. FREIGHT WAYS, INC., a corporation, Appellee. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL UNION NO. 795, an unincorporated association; S. E. Smith, individually and as President and business agent of said labor organization; John Doe, and Richard Roe, as individuals, officers, representatives and members of said Union, whose names and addresses are unknown and representatives of the class thereof, Appellants, v. TRANSCON LINES, a corporation, Appellee. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL UNION NO. 795, an unincorporated association; S. E. Smith, individually and as President and business agent of said labor organization; John Doe, and Richard Roe, as individuals, officers, representatives and members of said Union, whose names and addresses are unknown and representatives of the class thereof, Appellants, v. McMAKEN TRANSPORTATION COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

August 16, 1960.


Attorney(s) appearing for the Case

Frank W. Hylton, Wichita, Kan., for appellants.

Malcolm Miller, Wichita, Kan. (Carl T. Smith, Robert C. Foulston, Wichita, Kan., Charles B. Blackmar and Franklin H. Mize, Kansas City, Mo., on brief), for appellees in Nos. 6272, 6273, 6274 and 6275.

Leonard F. Banowetz and F. C. McMaster, Wichita, Kan. (P. K. Smith and Stanford J. Smith, Wichita, Kan., on brief), for appellees in Nos. 6276 and 6277.

Before MURRAH, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.


MURRAH, Chief Judge.

Appellees, interstate motor carriers, brought these six separate suits under Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 185, to enjoin the appellant labor union from violating the no-strike or tie-up provision of separate collective bargaining agreements between the Union and the appellees, covering the appellees' over-the-road and local cartage employees.1 The appellant Union challenged...

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