APELIAN v. FREEMAN'S DAIRY, INC.


20 A.D.2d 518 (1963)

Peter Apelian, Respondent, v. Freeman's Dairy, Inc., et al., Defendants, and John J. Kelly, as President of Milk Drivers and Dairy Employees Local 584, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 3, 1963


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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