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GRAY v. INTERNATIONAL ASS'N OF HEAT & FROST I. & A. W., L. NO. 51

No. 18858.

416 F.2d 313 (1969)

Ella GRAY, individually and as Administratrix of the Estate of Leo Gray, Plaintiff-Appellant, v. INTERNATIONAL ASSOCIATION OF HEAT AND FROST INSULATORS AND ASBESTOS WORKERS, LOCAL NO. 51, and International Association of Heat and Frost Insulators and Asbestos Workers and North Brothers, Inc., Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

September 30, 1969.

Attorney(s) appearing for the Case

E. Gerry Barker, Robert L. Durning, Jr., Louisville, Ky., for appellant on the brief; Woodson, Barker & Durning, Louisville, Ky., of counsel.

Louis Sherman, Thomas X. Dunn, Washington, D. C., for International Assn. on the brief.

Herbert L. Segal and Charles R. Isenberg, Louisville, Ky., for Local No. 51 on the brief.

Thomas W. Speckman, Clay L. Morton, Marshall, Cochran, Heyburn & Wells, Louisville, Ky., for North Brothers, Inc. on the brief.

Before PECK, McCREE and COMBS, Circuit Judges.

McCREE, Circuit Judge.

This is an appeal from an order of the District Court dismissing with prejudice an action against plaintiff's decedent's international and local unions and against a company where he had sought employment. The questions presented are: whether the suit against North Brothers, Inc., hereinafter referred to as North Brothers, should be dismissed because of appellant's failure to state a claim upon which...

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