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DRAKE BAKERIES, INC. v. LOCAL 50, AMERICAN B. & C. WKRS.

No. 99, Docket 26343.

287 F.2d 155 (1961)

DRAKE BAKERIES, INCORPORATED, Plaintiff-Appellant, v. LOCAL 50, AMERICAN BAKERY & CONFECTIONERY WORKERS INTERNATIONAL, AFL-CIO, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 17, 1961.

Attorney(s) appearing for the Case

Robert Abelow, of Weil, Gotshal & Manges, New York City, for plaintiff-appellant.

Howard N. Meyer, of O'Dwyer & Bernstien, New York City, for defendant-appellee.

Before LUMBARD, Chief Judge, and SWAN and MOORE, Circuit Judges.

SWAN, Circuit Judge.

This is an appeal by plaintiff, referred to herein as Drake, from an order entered in an action filed in the court below on January 4, 1960. The action was brought pursuant to § 301(a) of the Labor-Management Relations Act, 29 U.S.C.A. § 185 (a), to recover damages for breach of a "no-strikes" provision in a collective bargaining agreement between plaintiff and defendant, Local 50, referred...

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