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LESCHER BUILDING SERVICE, INC. v. LOCAL UNION NO. 133, ETC.

No. 13694.

310 F.2d 331 (1962)

LESCHER BUILDING SERVICE, INC., Plaintiff-Appellant, v. LOCAL UNION NO. 133 OF the SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

November 7, 1962.

Attorney(s) appearing for the Case

Jerald E. Jackson, Frank H. Byers, LeForgee, Samuels, Miller, Schroeder & Jackson, Decatur, Ill., for appellant.

Donald W. Fisher, Toledo, Ohio, Donald W. Morthland, Henson, Morthland & Henson, Decatur, Ill., Mulholland, Robie & Hickey, Toledo, Ohio; James E. Henson, Richard F. Morthland, Decatur, Ill., of counsel, for appellee.

Before HASTINGS, Chief Judge, and CASTLE and SWYGERT, Circuit Judges.

HASTINGS, Chief Judge.

This action was brought by Lescher Building Service, Inc. (plaintiff) to recover damages for an alleged violation of § 303(a) (4) of the Labor Management Relations Act, 1947, Title 29, U.S.C.A. § 187(a) (4), which reads in pertinent part as follows:

"(a) It shall be unlawful, for the purposes of this section only, in an industry or activity affecting commerce, for any labor organization to engage in, or to induce or encourage...

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