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UNITED RUBBER, CORK, L. & P. WKRS. v. LEE NATIONAL CORP.

No. 622, Docket 74-1290.

513 F.2d 899 (1975)

UNITED RUBBER, CORK, LINOLUM AND PLASTIC WORKERS OF AMERICA, AFL-CIO, an unincorporated association, and United Rubber, Cork, Linoleum and Plastic Workers of America, AFL-CIO, Local 102, an unincorporated association, Plaintiffs-Appellants, v. LEE NATIONAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 11, 1975.

Attorney(s) appearing for the Case

William Auerbach, New York City (Auerbach & Labes, Stanley W. Taylor, New York City, of counsel), for plaintiffs-appellants.

Peyton H. Moss, New York City (Poletti, Freidin, Prashker, Feldman & Gartner, Roger H. Briton, New York City, of counsel), for defendant-appellee.

Before MULLIGAN and TIMBERS, Circuit Judges, and THOMSEN, District Judge.

PER CURIAM:

This is an appeal from a final judgment entered by the United States District Court for the Southern District of New York, Hon. Whitman Knapp, D. J., on November 7, 1973, dismissing the plaintiffs' second cause of action at the close of their case upon defendant's motion under Fed.R.Civ.P. 41(b). The named plaintiffs (Unions) instituted this action against Lee National Corporation (Company) on the theory that the Company had forced the Unions to strike...

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