GAINEY v. LOCAL 71, INTERNAT'L BRO. OF TEAMSTERS, ETC.

No. 240.

113 S.E.2d 594 (1960)

252 N.C. 256

George W. GAINEY, Orle M. Valentine, Junious Haywood, James H. Lollis, Newland D. Lattimore, Paul L. Teem, Nathan O. Andrews, William Fred Evitt, Wayne M. Barnes, Theron A. Wofford, Harry B. Chase, O. K. Towell, Wriston L. Deese, James H. Lewis, Sr., Hershell H. Darnell, Earnest E. Clemons, Joe Schlagenhauf, James A. Limbaugh, Henry A. Reed, Harry B. Upright, and Harry K. Cress, v. LOCAL 71, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA.

Supreme Court of North Carolina.

April 6, 1960.


Attorney(s) appearing for the Case

Robert S. Cahoon, Greensboro, for defendant, appellant.

Pierce, Wardlow, Knox & Caudle, Charlotte, for plaintiffs, appellees.


PARKER, Justice.

This is a summary of the parts of plaintiffs' complaint necessary for decision:

The 21 plaintiffs are now over-the-road drivers and employees of Akers Motor Lines, Inc., a common carrier by truck of commodities in interstate commerce— hereafter called Akers. Originally there were 28 plaintiffs, but Dan W. Martin and six others have removed themselves as plaintiffs, as they are no longer employees of Akers. Plaintiffs, as a group, constitute...

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