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INTERN. ASS'N OF MACHINISTS AND AEROSPACE WORKERS v. NORTHEAST AIRLINES

No. 75-1435.

536 F.2d 975 (1976)

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, and District 147 of the International Association of Machinists and Aerospace Workers, Plaintiffs-Appellants, v. NORTHEAST AIRLINES, INC., and Delta Air Lines, Inc., Defendants-Appellees.

United States Court of Appeals, First Circuit.

June 25, 1976.

Attorney(s) appearing for the Case

Robert M. Segal, Boston, Mass., with whom Donald J. Siegal, Segal Roitman & Coleman, John O'B. Clarke, Jr., Highsaw & Mahoney, and Plato E. Papps, Washington, D.C., were on brief, for plaintiffs-appellants.

Lloyd M. Starrett, Boston, Mass., with whom Henry E. Foley, Paul V. Lyons, Foley, Hoag & Eliot, Boston, Mass., Frank F. Rox, and Robert S. Harkey, Atlanta, Ga., were on brief for defendants-appellees.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

This appeal is from a summary judgment dismissing plaintiffs-appellants' amended complaint on jurisdictional grounds. 400 F.Supp. 372. Plaintiffs were the bargaining representatives of certain Northeast Airline employees prior to the merger of Northeast into Delta Air Lines. The merger occurred pursuant to a Civil Aeronautics Board order which included a number of "Labor Protective Provisions", one of which...

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