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McGUIRE v. HUMBLE OIL & REFINING COMPANY

No. 205, Docket 30113.

355 F.2d 352 (1966)

James McGUIRE, as President, and Joseph Diovisalvo, as Secretary-Treasurer of Coal, Gasoline, Fuel Oil Teamsters, Chauffeurs, Oil Burner Installation Maintenance, Servicemen and Helpers of New York City and Vicinity, Nassau and Suffolk Counties, New York, N. Y. Local Union No. 553, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Plaintiffs-Appellees, v. HUMBLE OIL & REFINING COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 31, 1966.

Attorney(s) appearing for the Case

Samuel J. Cohen, New York City (Bruce H. Simon, Stanley M. Berman, and Cohen & Weiss, New York City, on the brief), for plaintiffs-appellees.

John H. Morse, New York City (Harry H. Voigt, Melvyn Freeman, and Cravath, Swaine & Moore, New York City, on the brief), for defendant-appellant.

Before MEDINA, WATERMAN and HAYS, Circuit Judges.

MEDINA, Circuit Judge:

This case involves an appraisal of the extent to which the principles of John Wiley & Sons, Inc. v. Livingston, 1964, 376 U.S. 543, 84 S.Ct. 909, 11 L.Ed.2d 898 are applicable where, instead of a merger, there has been a purchase of part of the business of another concern, and where there is another union representing the employees of the purchasing corporation. Judge Tenney in the Southern District of New...

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