LOCAL LODGE NO. 595 OF DIST. NO. 152 v. HOWE SOUND CO. (INC.)

No. 15052.

350 F.2d 508 (1965)

LOCAL LODGE NO 595 OF DISTRICT NO. 152, INTERNATIONAL ASSOCIATION OF MACHINISTS, Appellant, v. HOWE SOUND COMPANY (INC.), PENNSYLVANIA ELECTRIC STEEL CASTINGS DIVISION.

United States Court of Appeals Third Circuit.

Decided September 2, 1965.


Attorney(s) appearing for the Case

Edward Davis, Philadelphia, Pa. (Clarence C. Mendelsohn, Reading, Pa., on the brief), for appellant.

Oliver C. Biddle, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for appellee.

Before KALODNER, HASTIE and FREEDMAN, Circuit Judges.


FREEDMAN, Circuit Judge.

Plaintiff Union brought this action against the Company under § 301(a) of the Labor-Management Relations Act, 29 U.S.C.A. § 185(a), to account for holiday pay and pro rata vacation pay which it claims is due to employees whom it represents.

Plaintiff and defendant each moved for summary judgment; defendant also moved for dismissal of the complaint. Affidavits were filed on each side and the court below ultimately denied plaintiff...

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