Order, entered on December 1, 1961, denying the motion of defendant Kelly to dismiss the complaint for insufficiency and for lack of jurisdiction of the subject matter, unanimously affirmed, with $20 costs and disbursements to respondent.
This defendant argues that the acts complained of are "arguably" prohibited by the National Labor Relations Act and that as a result the doctrine of Federal pre-emption precludes our courts from exercising jurisdiction over the subject...
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