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STEWART v. DAY & ZIMMERMANN, INC.

No. 18749.

294 F.2d 7 (1961)

J. C. STEWART, G. C. Martin, M. B. Sharron and G. C. Ralls, Appellants, v. DAY & ZIMMERMANN, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

September 12, 1961.

Attorney(s) appearing for the Case

John D. Raffaelli, Texarkana, Tex., John D. Raffaelli, of Raffaelli & Keeney, Texarkana, Tex., for appellants.

Norman C. Russell, Atchley, Russell & Hutchinson, Texarkana, Tex., LeRoy Autrey, Texarkana, Ark., for appellee Day & Zimmermann, Inc.

L. N. D. Wells, Jr., George Schatzki, Dallas, Tex., Jim Lindsey, Texarkana, Tex., Mullinax, Wells, Morris & Mauzy, Dallas, Tex., of counsel, for appellee Local 50, International Guards Union of America.

Before TUTTLE, Chief Judge, and CAMERON and JONES, Circuit Judges.

CAMERON, Circuit Judge.

Appellants were four guards employed by appellee Day & Zimmermann, Inc., operators of the Lone Star Ordnance Depot, near Texarkana, Texas. They were members of Local 50, International Guards' Union of America. When they were laid off from work by the employer and after efforts to have the grievance arbitrated by the Union with the employer had proved abortive they filed this action for damages against the employer and the Union

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