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PREPMORE APPAREL, INC. v. AMALGAMATED CLOTH. WKRS. OF AM.

No. 28703.

431 F.2d 1004 (1970)

PREPMORE APPAREL, INC., Plaintiff-Appellee, v. AMALGAMATED CLOTHING WORKERS OF AMERICA, AFL-CIO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied October 1, 1970.

Attorney(s) appearing for the Case

Benj. L. Erdreich, Jerome A. Cooper, Cooper, Mitch & Crawford, Birmingham, Ala., Jacob Sheinkman, New York City, for defendant-appellant.

C. A. Powell, III, Robert McD. Smith, Birmingham, Ala., for plaintiff-appellee; Lange, Simpson, Robinson & Somerville, Birmingham, Ala., of counsel.

Before JOHN R. BROWN, Chief Judge, and BELL and INGRAHAM, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied October 1, 1970.

BELL, Circuit Judge:

This is an appeal by the union from a final judgment dismissing a counterclaim. Rule 54(b) F.R.Civ.P. Prepmore Apparel, Inc. brought a complaint against the union for damages arising out of a strike of Prepmore's plant in Russellville, Alabama. The complaint was premised on secondary activities on the part of the union, actionable under § 303 of the Labor-Management Relations...

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