MORNING TELEGRAPH v. POWERS

Nos. 1043-1045, Dockets 71-1494 to 71-1496.

450 F.2d 97 (1971)

The MORNING TELEGRAPH, a Division of Triangle Publications, Inc., Plaintiff-Appellee, v. Bertram A. POWERS, individually and as President, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 13, 1971.

As Amended on Denial of Rehearing November 5, 1971.


Attorney(s) appearing for the Case

John J. Sheehan, New York City, for defendants-appellants.

Aaron M. Fine, Philadelphia, Pa., Royall, Koegel & Wells, New York City (Richard N. Winfield, New York City, of counsel), for plaintiff-appellee.

Before HAYS, MANSFIELD and OAKES, Circuit Judges.


OAKES, Circuit Judge:

The parties to this appeal have come down the now-familiar path which winds between state and federal labor law, with management trying to bypass the anti-injunction provisions of the Norris-LaGuardia Act, 29 U.S.C. § 107, and the union sidestepping the doctrine of Dowd Box Co. v. Courtney, 368 U.S. 502, 82 S.Ct. 519, 7 L.Ed.2d 483 (1962), and Local 174, Teamsters, etc., v. Lucas Flour Co.,

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