Everett Sillman v. Teamsters Union Local 386, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America

Defendants, Teamsters Union Local 386, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America (“Local 386”) appeal from the final judgment entered on the 17th day of August, 1973. This judgment assessed damages against the defendant in the amount of $53,133.00 plus costs. Plaintiffs, Everett Sillman and Gerald Williams, partners, d/b/a Hoskings Food Products, and Everett Sillman cross-appeal from the portion of the judgment that denied them reasonable attorneys’ fees incurred in the prosecution of the action.

On April 20, 1966 Appellees filed a Complaint and on December 11, 1968, a First Amended Complaint, seeking recovery of damages under Section 303 of the Labor Management Relations Act of 1947, as amended ( 29 U.S.C. § 187 ), for losses sustained by them as a result of Appellant’s conduct in violation of Section 8(b)(4) of the National Labor Relations Act ( 29 U.S.C. § 158 (b)(4)). On April 21,1971, the District Court entered summary judgment against the defendant on the issue of liability, and set the question of recoverable damages only for trial.

Appellees were partners in a business engaged in the distribution and sale at wholesale…