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BROUGH v. UNITED STEELWORKERS OF AMERICA, AFL-CIO

Nos. 7693, 7694.

437 F.2d 748 (1971)

George K. BROUGH, Plaintiff, Appellant, v. UNITED STEELWORKERS OF AMERICA, AFL-CIO, Defendant, Appellee and Third Party Plaintiff, Appellant, v. CARPENTER & PATERSON, INC., Third Party Defendant, Appellee.

United States Court of Appeals, First Circuit.

January 29, 1971.

Attorney(s) appearing for the Case

James J. Kalled, Wolfeboro, N.H., for George K. Brough.

E. Donald Dufresne, Manchester, N. H., with whom Devine, Millimet, McDonough, Stahl & Branch, Manchester, N.H., was on brief, for Carpenter & Paterson, Inc.

George H. Cohen, Washington, D.C., with whom Elliot Bredhoff, Michael H. Gottesman, Bredhoff, Gottesman & Cohen, Washington, D.C., Richard F. Upton, Upton, Sanders & Upton, Concord, N.H., and Bernard Kleiman were on brief, for United Steelworkers of America, AFL-CIO.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

Plaintiff Brough, a resident of New Hampshire and an employee of Carpenter & Paterson, Inc., a New Hampshire corporation, was injured while operating an allegedly faulty machine, and received Workmen's Compensation benefits. He brought suit for negligence in the state court against the union, a local of the United Steelworkers of America, AFL-CIO, with whom the employer had a collective bargaining agreement. The complaint relied upon an asserted...

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