| Show I I I i 1 i I I Union Denied Recompense in Court Case CaseI I PARK CITY CITY- A petition for attorney fees and court costs for United Steelworkers of ot America Ameri a API CIO ClO Local In a stand long longstanding lag ing litigation against New Park Mining Co was denied Tu Tuesday in ln US U.S. District Court of Utah Union Dues At the same time the court allowed al lowed the union a judgment of I 2345 representing employee employed union dues claimed to have been checked off on the basis b of payrolls payrolls payrolls pay pay- rolls paid between October 1957 and June 1958 before the mine at Park City was shut down Sept 27 27 1957 Both sums were claimed by the I union In a petition for supplemental supple supple- mental cent l relief In a declaratory I judgment suit filed to test the I allegation that the company violated rio vio a collective bargaining agreement said to be in existence when the mining property was I shut down Breached Contract I I Judge A. A Sherman Christenson ruled earlier that the mine was rUled closed b by the company in good faith and and in accordance with Bound management practice at a alime time lime when the zinc lead market was depressed However the court held that the ho company had breached the ct with the union and imposed Imposed imposed im im- Im- Im I posed a nominal judgment of 1 I against the company in favor of ot the union Tho The same ruling made by fhe Sludge Christenson on last May My 16 1 held that the court was without authority to levy d damages mages if any I claimed by individual members mean mem I bers bets of the Union and allowed I time for filing of the petition fori for relief favor of ot th i supplemental in I union itself Flied Filed Notice The court ruled Tuesday that the claim claim for court costs and attorneys attorney at at- torney fees were reasonable but not allowable as a matter of law under the type typo of action before the c court rt Facts Fact In connection a with thep the p petition were submitted on sll stipulations entered by counsel for forI I both sides Meantime the naming mining company I attorneys have filed notice of ot appeal ap i peal and informed the court they they J wished to study the latest l test ruling to determine whether o or not i ishall It shall be included in the appeal record record re reo re- re cord to be designated to US U.S. Court of ot Appeals Tenth Circuit ou oh on or before belore Sept 22 i |
