The opinion of the court was delivered by: MCGRANERY
This is a suit by an employer against a union for breach of a collective bargaining agreement. Jurisdiction is conferred upon the Court by virtue of Section 301 of the Labor Management Relations Act of 1947, 61 Stat. 136 et seq., 29 U.S.C.A. § 185. Briefly, plaintiff avers that while a collective bargaining agreement between it and defendant was in force, defendant on August 20, 1948, 'ordered and permitted' a strike in violation of the agreement. As a result, plaintiff alleges it suffered damages of $ 336,500. Attached to the complaint is a copy of the agreement and two letters. Defendant has filed a motion to dismiss, contending that the contract was not in force at the time of the strike.
Section 15 of the agreement provided:
'This agreement shall be in effect from August 15, 1947 to August 15, 1948 and thereafter from year to year, provided, however, that either party may terminate the same on not less than sixty (60) days written notice given to the other prior to the anniversary date.
The letters attached to the complaint were as follows:
'International Brotherhood of Paper Makers,
'930 City Center Building,
'Philadelphia 7, Pennsylvania.
'Mr. King Evans, Personnel Manager,
'Paterson Parchment Paper Company,
'This letter is to serve as notification in compliance to the sixty days notice stipulation in our contract that Bristol Local #500 desires a meeting with the Company for the purpose of ...