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AMERICAN DREDGING CO. v. LOCAL 25, MARINE DIV., INT. U. OP. ENG.

No. 14710.

338 F.2d 837 (1964)

AMERICAN DREDGING COMPANY, Appellant v. LOCAL 25, MARINE DIVISION, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO and Stephen J. Leslie, Joseph F. Erhmann, William F. Zenga and Vincent Motzel, Individually and as Trustees.

United States Court of Appeals Third Circuit.

Decided October 30, 1964.

Rehearing Denied December 14, 1964.

Attorney(s) appearing for the Case

Harvey B. Levin, Lazarus & Levin, Philadelphia, Pa. (Krusen Evans & Byrne, Philadelphia, Pa., on the brief), for appellant.

Marshall J. Seidman, Weiner, Basch, Lehrer & Cheskin, Philadelphia, Pa., for appellee.

Before KALODNER and HASTIE, Circuit Judges and KIRKPATRICK, District Judge.

KALODNER, Circuit Judge.

The District Court here1 denied the plaintiff's motion to remand to the state court from which it had been removed, a suit, based solely on a state-created right, to enjoin the defendant union's violation, in the course of a labor dispute, of the "no-strike" provision of its collective bargaining agreement, and subsequently denied the plaintiff's motion for injunctive relief.2 It premised...

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