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HANSEN v. BROTHERHOOD OF LOCOMOTIVE FIRE. & ENG.

No. 11726.

465 P.2d 351 (1970)

24 Utah 2d 30

Gary S. HANSEN et al., for himself and for and on behalf of 191 other persons similarly situated, Plaintiffs and Respondents, v. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, and Lodge 844 of Brotherhood of Locomotive Firemen and Enginemen, Defendants and Appellants.

Supreme Court of Utah.

February 13, 1970.

Attorney(s) appearing for the Case

Robert M. Yeates and Denis R. Morrill, of Mulliner, Prince & Mangum, Salt Lake City, for defendants and appellants.

C. Keith Rooker, Richard W. Giauque, and Ricardo B. Ferrari, of VanCott, Bagley, Cornwall & McCarthy, Salt Lake City, for plaintiffs and respondents.

TUCKETT, Justice:

In this action the plaintiff Gary S. Hansen and the other plaintiffs who were employees of Kennecott Copper Corporation seek to recover strike benefits which accrued to the plaintiffs during the 1967-1968 strike at Kennecott. These proceedings were commenced as a spurious class action1 pursuant to Rule 23(a) (3), Utah Rules of Civil Procedure.

The case was tried in the court below without a jury and judgment was...

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