McDOWELL v. CLEMENT BROTHERS COMPANY

Civ. A. No. 10426.

260 F.Supp. 817 (1966)

Kyle J. McDOWELL, John Moncrief, and Bill D. Simerly, individually and as proper representatives of a class composed of employees of Clement Brothers Company, Inc., and International Union of Operating Engineers, Local 926 v. CLEMENT BROTHERS COMPANY, Inc., and International Union of District 50, United Mine Workers of America.

United States District Court N. D. Georgia, Atlanta Division.

November 10, 1966.


Attorney(s) appearing for the Case

Robert L. Mitchell, Atlanta, Ga., for plaintiff.

Smith, Currie & Hancock, Atlanta, Ga., for defendant Clement Bros. Co., Inc.

Nall, Miller, Cadenhead & Dennis, Atlanta, Ga., for defendant union.


MORGAN, Chief Judge.

The plaintiffs in the instant action filed a complaint in the state court, alleging that the defendants conspired to require that all employees of defendant employer involuntarily become members of the defendant union, and that as a condition of employment with the defendant employer that all employees pay monthly dues to the defendant union. The plaintiffs further alleged that the defendant employer assisted and condoned the activities of defendant...

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