RETAIL CLERKS INTERN. U. v. QUICK SHOP MARKETS

No. 78-1384.

604 F.2d 581 (1979)

RETAIL CLERKS' INTERNATIONAL UNION AND RETAIL STORE EMPLOYEES' UNION, LOCAL 655, Appellants, v. QUICK SHOP MARKETS, INC. and Wanda Young d/b/a Quick Shop Store # 1032, Spouse, Carl Young (6/18/76), Ronnie Gillihan d/b/a Quick Shop Store # 1090, Spouse, Linda Gillihan (6/18/76), Eugene Webb d/b/a Quick Shop Store # 1002, Spouse, Dona Webb (6/18/76), Jerry L. Webb d/b/a Quick Shop Store # 1074, Spouse, Florence Webb (6/18/76), Francis LeTrello d/b/a Quick Shop Store # 1079, Sidney Frischer d/b/a Quick Shop Store # 1080, Roy Eckles d/b/a Quick Shop Store # 1085, Spouse, Rosemary Eckles (6/18/76), George Kleen d/b/a Quick Shop Store # 1075, Spouse, Margie Ann Kleen (6/18/76), Roger St. Onge d/b/a Quick Shop Store # 1083, Spouse, Wilma St. Onge (6/18/76), Kenneth Kennedy d/b/a Quick Shop Store # 1030, Spouse, Kathleen Kennedy (6/18/76), Jerry Cook d/b/a Quick Shop Store # 1054, Spouse, Rebecca Cook (6/18/76), Jerome Whitehead d/b/a Quick Shop Store # 1020, Spouse, Marian Whitehead (6/18/76), Edward Foelsch d/b/a Quick Shop Store # 1015, Spouse, Barbara Foelsch, Robert Hodge d/b/a Quick Shop Store # 1062 and Quick Shop Store # 1003, Robert Holthaus d/b/a Quick Shop Store # 1025, Spouse, Linda Holthaus (6/18/76), Mildred Mullins d/b/a Quick Shop Store # 1038, Ford Maness d/b/a Quick Shop Store # 1042, Spouse, Ellen Maness (6/18/76), Fay Johnson d/b/a Quick Shop Store # 1060, Spouse, Jesse Johnson (6/18/76), Walter Bradford d/b/a Quick Shop Store # 1062, Spouse, Alice Bradford (6/18/76), Stephen Koziatek d/b/a Quick Shop Store # 1047, Spouse, Charlotte Koziatek (6/18/76), Joan Emerson d/b/a Quick Shop Store # 1053, Albert Kozenski d/b/a Quick Shop Store # 1001, Giles Poynter (2/10/76) d/b/a Quick Shop Store # ___, Spouse, Patricia A. Poynter (6/18/76), Robert Poynter d/b/a Quick Shop Store # 1006, Spouse, Patricia J. Poynter (6/18/76), Dennis Jorel d/b/a Quick Shop Store # 1048, Spouse, Connie Jorel (6/18/76), James Hessel d/b/a Quick Shop Store # 1037, and Larry Watson d/b/a Quick Shop Store # 1089, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 22, 1979.


Attorney(s) appearing for the Case

Jerome K. Diekemper, Diekemper, Hammond & Shinners, Clayton, Mo., argued, for appellants and on brief, for appellant, Retail Store Employees Union Local No. 655.

Richard Roesel, Retail Clerks International Union, Washington, D. C., and George R. Murphy, Washington, D. C., on brief, for appellant, Retail Clerks International Union, etc.

Sidney Fortus, Fortus & Anderson, Clayton, Mo., argued and on brief, for appellees.

Before LAY and HEANEY, Circuit Judges, and HANSON, Senior District Judge.


LAY, Circuit Judge.

This is an action for damages under Section 303 of the Labor Management Relations Act, 29 U.S.C. § 187. The Retail Clerks International Union and Retail Store Employees Union, Local 655 (Local 655), appeal from a judgment of the district court, the Honorable John F. Nangle, that they violated Section 8(b)(4) of the National Labor Relations Act, 29 U.S.C. § 158(b)(4), by picketing Quick Shop convenience stores operated by franchisers of...

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