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PHARMACISTS & RETAIL DRUG ST. E. U., L. 330 v. LAKE HILLS DRUG CO.

No. 5913.

255 F.Supp. 910 (1964)

PHARMACISTS AND RETAIL DRUG STORE EMPLOYEES UNION, LOCAL 330, Affiliated with the Retail Clerks International Association, AFL-CIO, Plaintiff, v. LAKE HILLS DRUG CO., Lakeside Drug Co. (Bellevue), Lakeside Drug Co. (Redmond), Lakeside Mercer Drug, Inc., and M & D Prescriptions, Inc., Defendants.

United States District Court W. D. Washington, N. D.

March 11, 1964.

Attorney(s) appearing for the Case

Richard P. Donaldson, of Bassett, Donaldson & Hafer, Seattle, Wash., for plaintiff.

Wallace Aiken, of Aiken, St. Louis & Steere, Seattle, Wash., for defendants.

MEMORANDUM DECISION

BEEKS, District Judge.

Initially the Court must decide whether it has jurisdiction of this action under Section 301 of the Labor Management Relations Act, 29 U.S.C.A. § 185 (a), in view of the fact that the plaintiff union, a majority of whose members are non-supervisory employees, represents and bargains for some persons who are "supervisors" as defined in the Act.

Defendants contend that because the plaintiff union includes...

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