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National Carbon Company, Inc. v. Floyd Beebe, Individually and as President of Local Union 85, United Gas, Coke and Chemical Workers of America, C. I. O., In the Matter of Proceedings to Punish for Contempt Floyd Beebe, Individually and as President, and Others
Memorandum: The proceeding is
[1069] a special proceeding in a civil action. (People ex rel. Negus v. Dwyer, 90 N. Y. 402; Eastern Concrete Steel Co. v. Bricklayers’ & Plasterers’ Int. Union, Local No. 45, 200 App. Div. 714; Matter of Hanbury, 160 App. Div. 662; People ex rel. Supreme Court v. Albertson, 242 App. Div. 450; Matter of Douglas v. Adel, 269 N. Y. 144.) The Trial Justice properly charged the jury that a verdict of not less than five sixths of the jurymen constituting the jury, would constitute the verdict of the jury. (Civ. Prac. Act, § 463-a.) We have considered the other points raised by the appellants and find no error. All concur. (The order convicts defendants of criminal contempt of court.) Present — Taylor, P. J., McCum, Love, Kimball and Piper, JJ.