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McGINNIS v. BROTHERHOOD OF RAILWAY, ETC., CLERKS

75 N.J. Super. 517 (1962)

183 A.2d 486

JOHN J. McGINNIS, PLAINTIFF-RESPONDENT, v. BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES, DEFENDANT, AND RAILROAD PERISHABLE INSPECTION AGENCY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 3, 1962.

Attorney(s) appearing for the Case

Mr. Joseph A. Davis argued the cause for appellant (Messrs. O'Mara, Schumann, Davis & Lynch, attorneys).

Mr. Charles J. Kahwaty argued the cause for respondent.

Before Judges GOLDMANN, FREUND and FOLEY.

GOLDMANN, S.J.A.D.

Defendant Railroad Perishable Inspection Agency (hereinafter company) appeals by leave of this court from an interlocutory Law Division order denying its motion to dismiss the complaint. The allegations of the complaint may briefly be summarized as follows:

Plaintiff alleged that he was a member in good standing of Local No. 309 of defendant Brotherhood (hereinafter union) and had been employed by defendant company since

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