SUPER TIRE ENGINEERING CO. v. McCORKLE

No. 76-1869.

550 F.2d 903 (1977)

SUPER TIRE ENGINEERING COMPANY et al., Appellants, v. Lloyd W. McCORKLE, Commissioner of the Department of Institutions and Agencies of the State of New Jersey, et al., Local 676, Teamsters Union, etc. (Intervenor in District Court).

United States Court of Appeals, Third Circuit.

Decided February 25, 1977.


Attorney(s) appearing for the Case

Gerard C. Smetana, William H. DuRoss, III, Borovsky, Smetana, Ehrlich & Kronenberg, Washington, D. C., Herbert G. Keene, Jr., Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for Super Tire Engineering Company, and others; Harold Finkle, New York City, of counsel.

William F. Hyland, Atty. Gen. of New Jersey, Trenton, N. J., for Commissioner of the New Jersey Department of Institutions and Agencies, and Director, New Jersey Division of Public Welfare; Stephen Skillman, Asst. Atty. Gen., of counsel and on brief; Paul Watter, Deputy Atty. Gen., Trenton, N. J., on brief.

Martin F. McKernan, Jr., City Atty., Camden, N. J., for Juanita Dicks, Former Welfare Director for the City of Camden; Frederick Loats, Law Student, of counsel and on brief.

Robert F. O'Brien, Tomar, Parks, Seliger, Simonoff & Adourian, Camden, N. J., for intervenor-appellees.

John D. O'Brien, Michael A. Caldwell, Seyfarth, Shaw, Fairweather & Geraldson, Washington, D. C., for the Transportation Association of America, amicus curiae.

Before ALDISERT and GARTH, Circuit Judges, and McCUNE, District Judge.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal raises two parallel issues: whether New Jersey regulations1 which permit welfare payments to workers on strike are inconsistent with and, therefore, precluded by federal labor policy; and whether those same regulations are inconsistent with and precluded by federal welfare policy. The district court concluded that New Jersey's regulations were not contrary to either federal...

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