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TRUCK DRIVERS & H. LOCAL U. NO. 728 v. EMPIRE STATE EXPRESS

No. 18582.

293 F.2d 414 (1961)

TRUCK DRIVERS AND HELPERS LOCAL UNION NO. 728, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Appellant, v. EMPIRE STATE EXPRESS, INC., Appellee.

United States Court of Appeals Fifth Circuit.

July 7, 1961.

Attorney(s) appearing for the Case

John S. Patton, Wm. B. Paul, Poole, Pearce & Hall, Atlanta, Ga., for appellant.

Robert T. Thompson, Atlanta, Ga., W. Edward Swinson, Swinson, Elliott & Schloth, Columbus, Ga., Wilson, Branch & Barwick, Atlanta, Ga., for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.

RIVES, Circuit Judge.

This is a suit under Section 303 of the National Labor Relations Act, 29 U.S.C.A. § 187. That statute gives a cause of action for damages to a party injured by a "secondary boycott," described in the same language as that employed in Section 8(b) (4) of the Act, 29 U.S.C.A. § 158(b) (4),1 which declares the "secondary boycott" an unfair labor practice. Section 303 provides in part:

"(a) It shall...

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