OSTROWSKI v. LOCAL 1-2, UTILITY WORKERS UNION, ETC.

No. 80 Civ. 0075.

530 F.Supp. 208 (1980)

Richard OSTROWSKI; John Lynch; Michael J. McGarry; and Thomas Moran, Plaintiffs, v. LOCAL 1-2, UTILITY WORKERS UNION OF AMERICA, AFL-CIO; Patrick J. Gallagher, President, Local 1-2, UWUA, sued in his individual and official capacities; James Joy, Business Manager, UWUA, sued in his individual and official capacities; and John Clancy, First Vice President, UWUA, sued in his individual and official capacities, Defendants.

United States District Court, S. D. New York.

March 17, 1980.


Attorney(s) appearing for the Case

Nancy Stearns, Frank E. Deale, New York City, for plaintiffs.

Battle, Fowler, Jaffin, Pierce & Kheel by Samuel R. Pierce, Jr., David Fleischer, Lawrence Mittman, New York City, for defendants.

Robert Abrams, Atty. Gen. of the State of N. Y., New York City, amicus curiae; John W. Corwin, Ezra I. Bialik, Asst. Attys. Gen., New York City, of counsel.


OPINION

MOTLEY, District Judge.

Defendants have moved for an order dismissing the complaint in this action pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure.

Plaintiffs have moved for a preliminary injunction ordering defendants to: 1) immediately reinstate plaintiff Richard Ostrowski as shop steward; 2) refrain from presenting new evidence against plaintiff Ostrowski in his appeal presently pending before the National...

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