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HACKETT v. McGUIRE BROTHERS, INC.

No. 71-1064.

445 F.2d 442 (1971)

Ozzie HACKETT, Appellant, v. McGUIRE BROTHERS, INC., and Local Union No. 187, Commission Salesmen, Drivers and Helpers of the International Brotherhood of Teamsters.

United States Court of Appeals, Third Circuit.

Decided July 8, 1971.

Attorney(s) appearing for the Case

Harold I. Goodman, Harvey N. Schmidt, Philadelphia, Pa., for appellant.

Philip B. Sklover, Stanley P. Hebert, Gen. Counsel, John de J. Pemberton, Jr., Deputy Gen. Counsel, Julia P. Cooper, Chief, Appellate Section, Washington, D. C., amici curiae.

Edward Davis, Philadelphia, Pa., for appellee Union.

John H. Leddy, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Jacob P. Hart, Philadelphia, Pa., on the brief for appellee McGuire Bros.

Before McLAUGHLIN, ALDISERT and GIBBONS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Ozzie Hackett, the plaintiff-appellant, appeals from an order of the district court which granted a motion by defendants to dismiss his complaint. The defendant-appellees are McGuire Brothers, Inc. (McGuire), a former employer of Hackett, and Local Union No. 187, Commission Salesmen, Drivers and Helpers of the International Brotherhood of Teamsters (Local 187), a labor organization with which McGuire has a

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