Kearney Trecker Employees Union Local 1083 v. Kearney & Trecker Corp.

GRUBB, District Judge.

This case is before the court on the motion of Employees Independent Union, impleaded defendant, for summary judgment. Employees Independent Union had urged that a decision of the 7th Court of Appeals, Kearney & Trecker Corp. v. N. L. R. B„ 1954, 210 F.2d 852, is res adjudicata or at least stare decisis on the issues before this Court. The above case was an action to review and *272set aside an order of the National Labor Relations Board which related to Kearney & Trecker Corporation’s duty to bargain with Local 1083. The parties in the prior action were different from those…