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H & M CAKE BOX, INC. v. BAKERY & CON. WKRS. INT. U. OF A., NO. 45

No. 71-1322.

454 F.2d 716 (1972)

H & M CAKE BOX, INC., Plaintiff-Appellant, v. BAKERY AND CONFECTIONERY WORKERS INTERNATIONAL UNION OF AMERICA, LOCAL NO. 45, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided January 28, 1972.

Attorney(s) appearing for the Case

Frederick T. Golder, Boston, Mass., for appellant.

Warren H. Pyle, Boston, Mass., with whom Angoff, Goldman, Manning & Pyle, Boston, Mass., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE, Circuit Judge, and WYZANSKI, Senior District Judge.

McENTEE, Circuit Judge.

This is an appeal from the granting of summary judgment against the company, appellant herein, in an action brought by it under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1970). The company alleged that the appellee union had breached its collective bargaining agreement by calling a strike on June 25, 1969.

The facts most favorable to the company indicate that on or about June 25, 1969, a dispute arose during...

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