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AMSTAR CORP. v. AMALGAMATED MEAT CUTTERS & B. WORKMEN

No. 72-1576.

468 F.2d 1372 (1972)

AMSTAR CORPORATION, Plaintiff-Appellee, v. AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, AFL-CIO, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 6, 1972.

Attorney(s) appearing for the Case

Ernest L. Jones, Hilliard Fazande, II, New Orleans, La., Irving M. King, Eugene Cotton, Chicago, Ill., for defendants-appellants.

David L. McComb, New Orleans, La., Andrew M. Kramer, Anthony Crement, Chicago, Ill., for plaintiff-appellee.

Before DYER, SIMPSON and MORGAN, Circuit Judges.

DYER, Circuit Judge:

The pivotal question presented by this appeal is whether a district court may issue a Boys Markets1 injunction when the legality of the strike sought to be enjoined is the alleged arbitrable dispute. Recognizing that under the doctrine of Boys Markets an injunction is permissible only if the underlying dispute "over" which the strike has been called is arbitrable...

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