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SMITH v. KINGSPORT PRESS, INC.

Nos. 16246-16249.

366 F.2d 416 (1966)

Claude E. SMITH, Richard Ayers, Fred Gray, Cecil Yokley, individually and as President, Vice President, Secretary-Treasurer and Recording Secretary of and on behalf of the class of persons constituting Kingsport Printing Pressmen and Assistants' Union, Local No. 336, Plaintiffs-Appellants v. KINGSPORT PRESS, INC., Defendant-Appellee. Norman F. CARTER, Robert Arley Gillian, Ellis Paul Burke and Carl Lisic, individually and as President, Vice President, Financial Secretary and Recording Secretary of and on behalf of the class of persons constituting International Association of Machinists, Progressive Lodge No. 1694, Plaintiffs-Appellants v. KINGSPORT PRESS, INC., Defendant-Appellee. Earl M. DERRICK, Carroll T. Stark, Lowery T. Underhill and Helen H. Barbsom, individually and as President, Vice President, Secretary-Treasurer and Recording Secretary of and on behalf of the class of persons constituting Bindery Workers' Union Local 84, Plaintiffs-Appellants v. KINGSPORT PRESS, INC., Defendant-Appellee. Carl F. KING, Jefferson W. Frazier, Vincent L. Darden and John R. Welch, Jr., individually and as President, Vice President, Treasurer and Secretary of and on behalf of the class of persons constituting Local No. 175, Electrotypers Union, Plaintiffs-Appellants v. KINGSPORT PRESS, INC., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

September 28, 1966.

Attorney(s) appearing for the Case

John S. McLellan, Kingsport, Tenn., and Dennis Erwin, Erwin, Tenn., Lewis R. Hagood, Kingsport, Tenn., on brief; McLellan, Wright & Hagood, Kingsport, Tenn., Tucker & Erwin, Erwin, Tenn., of counsel, for appellants.

Edwin O. Norris, Kingsport, Tenn., Ernest F. Smith, Wendal D. Jackson, Kingsport, Tenn., on brief; Hunter, Smith, Davis, Norris & Waddey, Kingsport, Tenn., of counsel, for appellee.

Before EDWARDS, Circuit Judge, CECIL, Senior Circuit Judge, and KENT, District Judge.

KENT, District Judge.

These are class actions brought by the plaintiffs-appellants who are officials of the various labor organizations which had collective bargaining agreements with the defendant, Kingsport Press, Inc., prior to March, 1963. Each action was brought under the provisions of Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185. Each of the actions was originally commenced in the state courts of Tennessee and each was thereafter...

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