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BARDANE MFG. CO. v. JARBOLA

Civ. No. 87-1822.

724 F.Supp. 336 (1989)

BARDANE MANUFACTURING CO., and Chamber of Commerce of the United States, Plaintiffs, v. Andrew J. JARBOLA, District Attorney for Lackawanna County, in his Official Capacity, Pennsylvania AFL-CIO, and Ernest D. Preate, Jr., Attorney General for the Commonwealth of Pennsylvania, Defendants.

United States District Court, M.D. Pennsylvania.

August 30, 1989.

Attorney(s) appearing for the Case

Robert Ufberg, Scranton, Pa., and Leonard L. Scheinholtz and Robert F. Prorock, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for Bardane.

Stephen A. Bokat and Robin S. Conrad, National Chamber of Commerce, Litigation Center, Inc., Washington, D.C., for Chamber of Commerce.

Nancy B.G. Lassen, Kirschner, Walters & Willig, Philadelphia, Pa., for AFL-CIO.

Susan J. Forney, Office of the Atty. Gen., Harrisburg, Pa., for Com.

John E. Kolick, Jr., Dickstein, Shapiro & Morin, Washington, D.C., for Preate and Jarbola.

MEMORANDUM

CONABOY, Chief Judge.

I

This is a civil action for declaratory and injunctive relief by which the Plaintiffs seek to invalidate Section 5 and the related provisions set forth in Section 6 of the Pennsylvania Strikebreakers Act, 43 Pa. Stat.Ann. § 217.25-217.26. The pertinent provisions involved are as follows:

Section 5. It shall be unlawful for any person, partnership, agency, firm or corporation, or officer or agent thereof...

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