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H. K. PORTER CO. v. LOCAL 37, UNITED STEELWORKERS OF AMERICA

No. 2257.

264 F.Supp. 203 (1967)

H. K. PORTER COMPANY, Inc., Conners Steel Division, West Virginia Works, Plaintiff, v. LOCAL 37, UNITED STEELWORKERS OF AMERICA, AFL-CIO, and United Steelworkers of America, AFL-CIO, Defendants.

United States District Court S. D. West Virginia, Huntington Division.

February 24, 1967.

Attorney(s) appearing for the Case

William C. Beatty, Huntington, W. Va., Huddleston & Bolen, Huntington, W. Va., for plaintiff.

James P. Clowes, Wheeling, W. Va., Clowes, McDermott & Ewing, Wheeling, W. Va., Carney M. Layne, Huntington, W. Va., Elliot Bredhoff, Washington, D. C., for defendants.

CHRISTIE, District Judge:

This matter is before the Court pursuant to defendants' (hereinafter called the Union) motion to dismiss the complaint, in that it fails to state a claim upon which relief can be granted. The action was instituted pursuant to Section 301 of the N.L.R.A. of 1947, 29 U.S.C.A. § 185,1 (hereinafter called the Act) to recover damages alleged to have been caused by an unlawful work stoppage at plaintiff's Huntington...

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