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FULLER v. HIGHWAY TRUCK DRIVERS AND HELPERS LOCAL 107

No. 18050.

428 F.2d 503 (1970)

August FULLER et al., Appellants, v. HIGHWAY TRUCK DRIVERS AND HELPERS LOCAL 107, an unincorporated association, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and Hemingway Transport, Inc. and Novick Transfer Co., Inc.

United States Court of Appeals, Third Circuit.

Decided June 10, 1970.

Rehearing Denied July 14, 1970.

Attorney(s) appearing for the Case

Edward B. Bergman, Solo, Abrams, Bergman, Trommer & Padova, Philadelphia, Pa., for appellants.

F. Emmett Fitzpatrick, Jr., Philadelphia, Pa., for appellees.

Before BIGGS, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The plaintiffs-appellants at all relevant times were and are members of Highway Truck Drivers and Helpers Local 107 and were employed as truck drivers by Novick Transfer Co., Inc., an interstate carrier, at its Philadelphia terminal. Novick merged with Hemingway Transport, Inc., another interstate carrier, which became the surviving company. At the time of the merger, Hemingway, Novick, and Local 107, the exclusive...

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