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BIG APPLE SUPERMARKETS, INC. v. DUTTO

No. 64-C-1159.

237 F.Supp. 774 (1965)

BIG APPLE SUPERMARKETS, INC., Plaintiff, v. Frank DUTTO, individually and as President of Bakery Workers Union Local 3 B&C, Louis Genuth, individually and as President of Bakery Workers Union Local 50 A.B.C., "John" Cross, individually and as President of Bakery Workers Union Local 450 A.B.C., Joseph Clark, individually and as President of Bakery Drivers Union Local 550 I.B.T. and John Strauss, individually and as President of Bakery Drivers Union Local 802 I.B.T., Defendants.

United States District Court E. D. New York.

January 6, 1965.

Attorney(s) appearing for the Case

Bergner & Bergner, New York City, for plaintiff, Walter Bergner, New York City, of counsel.

Cohen & Weiss, New York City, for defendant Local 802, Bruce H. Simon, New York City, of counsel.

Cooper, Ostrin, Devarco & Ackerman, New York City, for defendant Local 550, Robert Sand, New York City, of counsel.

O'Dwyer & Bernstien, New York City, for defendant Local 50.

Schenck & Schenck, New York City, for defendant Local 450.

Cohn & Glickstein, New York City, for defendant Local 3.

BARTELS, District Judge.

On November 30, 1964, plaintiff filed a complaint in the Supreme Court of the State of New York, County of Kings, seeking an injunction and damages and alleging in substance that plaintiff operates a chain of supermarkets and that the defendants are labor unions representing bakery workers and bakery drivers; that none of the defendants represent the employees of the plaintiff nor seek to represent the employees of the plaintiff; that the...

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