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BAREFOOT v. INTERNATIONAL BRO. OF TEAMSTERS, C., W. & H.

No. 238-69.

424 F.2d 1001 (1970)

Hall H. BAREFOOT et al., Plaintiffs, Appellees, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, an unincorporated association, Defendant, Appellant, Local No. 886, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, an unincorporated association, and Transcon Lines Corporation, a corporation, Defendants, Charles B. Morse, Miles Hamper, Scott Benjamin, and Paul Aldridge, Intervening Plaintiffs.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 12, 1970.

Attorney(s) appearing for the Case

L. N. Wells, of Mullinax, Wells, Mauzy & Collins, Dallas, Tex., for defendant-appellant.

Charles Ellis, Oklahoma City, Okl. (Charles R. Nesbitt and Robert N. Naifeh, Oklahoma City, Okl., on the brief) for plaintiffs-appellees and intervening plaintiffs.

Before LEWIS and HILL, Circuit Judges, and LANGLEY, District Judge.

LEWIS, Circuit Judge.

This is an interlocutory appeal, duly certified from the Western District of Oklahoma and authorized pursuant to 28 U.S.C. § 1292(b), taken by the International Brotherhood of Teamsters, etc. (International) following denial by the district court of a motion to dismiss International from the principal case for lack of venue jurisdiction under 29 U.S. C. § 185(c).1 Plaintiffs in such case are former members...

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