LOCAL 127, UNITED SHOE WORKERS v. BROOKS SHOE MFG. CO.

No. 13421.

298 F.2d 277 (1962)

LOCAL 127, UNITED SHOE WORKERS OF AMERICA, AFL-CIO, v. BROOKS SHOE MANUFACTURING COMPANY, Brooks Shoe Manufacturing Company, Inc., and Michael Goldenberg, Appellants.

United States Court of Appeals Third Circuit.

Decided January 2, 1962.

Rehearing Denied January 29, 1962.


Attorney(s) appearing for the Case

Kenneth Souser, Philadelphia, Pa. (Robert H. Kleeb, Robert K. Greenfield, Morgan, Lewis & Bockius, Folz, Bard, Kamsler, Goodis & Greenfield, Philadelphia, Pa., on the brief), for appellants.

John Silard, Washington, D. C. (Joseph L. Rauh, Jr., Washington, D. C., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH, McLAUGHLIN, KALODNER, STALEY, HASTIE, GANEY and SMITH, Circuit Judges.


PER CURIAM.

All members of this court are of the opinion that defendants breached the collective bargaining agreement.

The court is evenly divided on the district court's award of compensatory damages: Chief Judge Biggs and Judges McLaughlin, Staley, and Ganey are of the opinion that it is correct; Judges Goodrich, Kalodner, Hastie, and Smith are of the opinion that compensatory damages were properly awarded for the period before but not after the expiration...

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