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FITZSIMMONS v. WESTERN AIRLINES, INC.

290 A.2d 682 (1972)

Frank E. FITZSIMMONS, as General Vice President of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of American, and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, an unincorporated association, Plaintiffs, v. WESTERN AIRLINES, INC., a Delaware corporation, and American Airlines, Inc., a Delaware corporation, Defendants.

Court of Chancery of Delaware, New Castle.

March 30, 1972.

Attorney(s) appearing for the Case

Bruce M. Stargatt, and Edward B. Maxwell, II, of Young, Conaway, Stargatt & Taylor, Wilmington, and Herbert A. Levy, and Angelo V. Arcadipane, Washington, D. C., for plaintiffs.

E. N. Carpenter, Jr., and Wendell Fenton, of Richards, Layton & Finger, Wilmington, Donald Keith Hall, of Darling, Hall, Rae & Gute, Los Angeles, Cal., and Joseph Barbash, of Debevoise, Plimpton, Lyons & Gates, New York City, for defendants.

DUFFY, Chancellor:

The International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (IBT), plaintiff, and Westtern Airlines, Inc. (Western), defendant, are parties to three collective bargaining agreements made pursuant to the Railway Labor Act, 45 U.S.C.A. § 151 et seq. These cover airline mechanics, utility/fleet service employees and store clerks. On December 17, 1970 Western and American...

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