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WILMOT v. FRANK

19 A.D.2d 542 (1963)

Noel Wilmot, Respondent, v. Robert Frank, as President of Garage Employees Union, Local 272, International Brotherhood of Teamsters, et al., Appellants, et al., Defendants

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

May 13, 1963

Order reversed, without costs, motion granted, and complaint dismissed.

The complaint alleges violations of the National Labor Relations Act, and the motion papers reveal that the National Labor Relations Board has refused to process the case for lack of evidence but not for lack of jurisdiction. Under such circumstances the State courts must yield to the exclusive jurisdiction of the Federal authority (San Diego Unions v. Garmon, 359 U.S. 236...

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