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SCHENA v. SMILEY

488 Pa. 632 (1980)

413 A.2d 662

William SCHENA and Raymond Serafini, Appellants, v. Lester SMILEY, Jr. and International Union of Operating Engineers, Local No. 66, A, B, C, AFL-CIO, Appellees.

Supreme Court of Pennsylvania.

Decided April 25, 1980.

Attorney(s) appearing for the Case

William Caprio, III, Cogan Station, for appellants.

Stanford A. Segal, Gatz, Cohen, Segal & Koerner, Pittsburgh, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

The issue on this appeal is whether a state court has subject matter jurisdiction over an action in trespass seeking pecuniary damages for the willful or negligent misconduct of appellee union and its agent for their failure to pursue appellants' claims with the National Labor Relations Board, or whether its jurisdiction is preempted by virtue of federal labor relations law.

Appellants' complaints allege negligence...

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