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

No. 74-1004.

493 F.2d 1226 (1974)

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 March 20, 1974.

Attorney(s) appearing for the Case

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

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

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.

PER CURIAM.

After we remanded this case to the district court, 454 F.2d 716 (1st Cir. 1972), another judge, relying on intervening decisions of the Supreme Court and this circuit, granted summary judgment for the defendant union. The district court held that both the employer's claim for damages for alleged violation of the no strike clause and its contention that the union had repudiated the collective bargaining agreement, or its...

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