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WALLER BROS. STONE CO. v. UNITED STEELWORKERS

No. 79-3254.

620 F.2d 132 (1980)

WALLER BROTHERS STONE COMPANY, Plaintiff-Appellee, v. UNITED STEELWORKERS OF AMERICA, AFL-CIO-CLC, DISTRICT 23; Local 134, United Steelworkers of America, AFL-CIO-CLC; Paul D. Rusen; Roby Fraley; Clinton Piatt; Lonnie G. Miller; Leonard Stacy; Everett G. Crabtree; Archie Brown; Warren Stephens; Robert C. Crabtree; and T. J. Crabtree, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 29, 1980.

Attorney(s) appearing for the Case

Rudolph L. Milasich, Jr., United Steelworkers of America, Pittsburgh, Pa., James B. Robinson, Smith & Kircher, Cincinnati, Ohio, Bernard Kleiman, Chicago, Ill., for defendants-appellants.

J. Mack Swigert, Taft, Stettinius & Hollister, Cincinnati, Ohio, for plaintiff-appellee.

Before CELEBREZZE and ENGEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

ENGEL, Circuit Judge.

The United Steelworkers of America appeals from a preliminary injunction issued in the district court prohibiting the union from striking over the wage rate to be paid certain employees of Waller Brothers Stone Company, who operate a newly installed "Instapak" machine. In issuing the injunction the district judge relied upon the Boys Markets1 exception to the anti-injunction provisions of the Norris-LaGuardia...

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