9. The strike by Local 627 was secondary activity undertaken
against a neutral employer for the purpose of enforcing
modification of labor relationships between other employers
and their employees.
10. There are no genuine issues of material fact to be
11. Hoffman is entitled to a judgment against Local 627 as
prayed in its motion for summary judgment.
It is ordered, accordingly, that judgment shall be entered
immediately for plaintiff and against the defendant Local 627,
adjudicating that said defendant is liable to Hoffman under
the provisions of Title 29, United States Code, Section 187,
for its provable damages, if any, resulting from the strike
involved herein, together with its costs of suit.
It would appear that this order, while a final determination
so far as this court is concerned, insofar as it goes, is
interlocutory in character and not a final judgment in this
case, because the question of damages remains for
determination, and the remaining interests or liabilities, if
any, or the defendants other than Local 627 remain for
adjudication. With respect to the provisions of Rule 4(b),
F.R.Civ.P., there is no just reason for delay in entry of the
judgment above directed as a final determination of this court
on the points involved.
On the question of possible immediate appeal from said
judgment, as provided under the circumstances set forth in
Section 1292(b), Title 28, United States Code, two general
observations should be made:
1. In a Pre-Trial Order approved by the then parties and
entered by the court on March 10, 1972, the following
"The issue of liability will be tried first,
and each party shall have the right to appeal the
Court's judgment concerning this issue pursuant
to paragraph 1292(b) of Title 12 (sic) U.S.C.
and consistent therewith. Thereafter, the issue
of damages will be tried, if necessary."
Subsequently, a Second Amended Complaint was filed, with
leave of court, substituting Teamsters Joint Council No. 65
for the Illinois Conference of Teamsters as a defendant. That
complaint was answered and the subject motion for summary
judgment was filed. It would seem clear, however, that the
spirit of that mutual commitment between plaintiff and Local
627, with this court's approval, should be carried out insofar
as possible, subject, of course, to the approval of the United
States Court of Appeals for the Seventh Circuit, as required
for such appeal by Section 1292(b), Title 28, United States