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LORENZ-SCHNEIDER CO. v. BAKERY & PASTRY DRIVERS & HELP. U.

No. 62 C 310.

208 F.Supp. 77 (1962)

LORENZ-SCHNEIDER CO., Inc., Plaintiff, v. BAKERY AND PASTRY DRIVERS AND HELPERS UNION, LOCAL 802, affiliated with International Brotherhood of Teamsters, Defendant.

United States District Court E. D. New York.

June 21, 1962.

Attorney(s) appearing for the Case

Herbert A. Levy, New York City (Cohen & Weiss, New York City, of counsel), for defendant, in support of motion.

Godfrey P. Schmidt, New York City, for plaintiff, opposed.

DOOLING, District Judge.

In an action commenced by an employer against a labor organization under Section 301 of the Labor Management Relations Act (29 U.S.C.A. § 185) to recover damages for the alleged breach of a no-strike clause in a collective bargaining agreement, the defendant moves to dismiss on the alternative "jurisdictional" grounds that there was no contract in force at the relevant time and that if there...

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