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WILKES-BARRE PUB. CO. v. NEWSPAPER GUILD, ETC.

No. 80-2099.

647 F.2d 372 (1981)

WILKES-BARRE PUBLISHING CO., Appellant, v. NEWSPAPER GUILD OF WILKES-BARRE, LOCAL 120; the Newspaper Guild AFL-CIO, CLC; Wilkes-Barre Printing Pressmen's and Assistant's Union; Wilkes-Barre Stereotyper's and Electrotyper's Union, Local 139; International Printing & Graphic Communications Union, AFL-CIO; Wilkes-Barre Typographical Union, Local 187; Wilkes-Barre Council of Newspaper Unions, Inc.; Brown, William M.; Orcutt, James H.; Sabatini, Richard V.; Maurer, Joseph A., Jr.; Wallace, John J.; Ladd, Robert; Kaporch, James; Booth, Robert, Appellees.

United States Court of Appeals, Third Circuit.

Decided April 1, 1981.

As Amended April 6 and May 8, 1981.

Rehearing Denied May 11, 1981.

Rehearing and Rehearing Denied May 11 and May 15, 1981.

Attorney(s) appearing for the Case

Allan M. Kluger, Richard M. Goldberg, Hourigan, Kluger & Spohrer, Wilkes-Barre, Pa., William Caldwell Hancock (argued), Daniel C. Kaufman, King & Ballow, Nashville, Tenn., for appellant.

Warren J. Borish (argued), Meranze, Katz, Spear & Wilderman, Philadelphia, Pa., for appellees, Newspaper Guild of Wilkes-Barre, Local 120, The Newspaper Guild, AFL-CIO, CLC, Wilkes-Barre Printing Pressmen's and Assistant's Union; Wilkes-Barre Stereotyper's and Electrotyper's Union, Local 139, Wilkes-Barre Typographical Union, Local 187, Wilkes-Barre Council of Newspaper Unions, Inc., William M. Brown, James H. Orcutt, Richard V. Sabatini, John J. Wallace, Robert Ladd, James Kaporch and Robert Booth.

Donald F. Sugerman (argued), Nancy Schiffer, Miller, Cohen, Martens & Sugerman, P. C., Detroit, Mich., for appellees, International Printing and Graphic Communications Union, AFL-CIO and Joseph A. Maurer, Jr.

Before GIBBONS, VAN DUSEN and WEIS, Circuit Judges.

Rehearing Denied May 11, 1981 (Appellant).

Rehearing and Rehearing In Banc Denied May 11 and May 15, 1981 (Appellees).

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Wilkes-Barre Publishing Company, (the Employer) a Pennsylvania corporation which publishes a daily newspaper, the Times-Leader, appeals from an order dismissing its three count complaint for declaratory and injunctive relief and compensatory and punitive damages. The defendants...

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