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COULON v. CAREY CADILLAC RENTING COMPANY

231 F.Supp. 991 (1962)

John G. COULON, as Chairman of the Grievance Committee of the Brotherhood of Railroad Trainmen—C. W. Jones Lodge 835, an unincorporated association, in its own right and as representative of operating employees of Carey Cadillac Renting Company, Inc., and H. J. Metzner and James Hennessey, as President and Secretary respectively of C. W. Jones Lodge 835 of the Brotherhood of Railroad Trainmen, an unincorporated association, in its own right and as representative of operating employees of Carey Cadillac Renting Company, Inc., Plaintiffs, v. CAREY CADILLAC RENTING COMPANY, Inc., Defendant.

United States District Court S. D. New York.

August 2, 1962.

Attorney(s) appearing for the Case

Zelenko & Elkind, New York City, for plaintiffs, Arnold B. Elkind, Paul H. Kirwin, New York City, of counsel.

Lewis, MacDonald & Varian, New York City, for defendant, Robert D. Witte, Maurice J. Gilchrist, Jr., William J. Condren, New York City, of counsel.

CASHIN, District Judge.

Defendant has moved to dismiss plaintiffs' complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure.

The present motion for dismissal arises from an action brought by plaintiffs under Section 301 of the Labor Management Relations Act of 1947, 61 Stat. 156, 29 U.S.C. § 185. Plaintiffs' complaint pursuant to 28 U.S.C. §§ 2201-2202 seeks declaratory relief, alleging a violation of a collective bargaining...

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