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NEWMAN v. LOCAL 1101, COMMUNICATION WORKERS

No. 498, Docket 78-7480.

597 F.2d 833 (1979)

Dave NEWMAN, Vincent Cassidy, Frank Gallaro, Edward Guy, David Spira, Edward Sevilla, Aaron Bookin, John Scott, Vinny Daniele, Raymond Hughes, Arcangel Ascencio, Alfredo Bernard, Sigmund Barckhaus, Brent Kramer, Edward Davis, Raymond Palmieri, William Fairchild, Euston Stewart, John Schuster, Edward McDonald, Joseph Bellone and Elizabeth Winiarski, Plaintiffs-Appellees, v. LOCAL 1101, COMMUNICATIONS WORKERS OF AMERICA, A.F.L.-C.I.O., Edward Dempsey, President, Robert Barbarelli, Vice-President and Richard McLaughlin, Business Agent of Local 1101, Communications Workers of America, A.F.L.-C.I.O., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 25, 1979.

Attorney(s) appearing for the Case

Malcolm A. Goldstein, New York City (Michael Klein, O'Donnell & Schwartz, New York City, of counsel), for defendants-appellants.

Amy Gladstein, Brooklyn, N.Y. (Loren Siegel, Gladstein, Reif & Seigel, Brooklyn, N.Y., of counsel), for plaintiffs-appellees.

Ronald H. Shechtman, New York City (Gordon & Shechtman, New York City, Paul Alan Levy, Arthur L. Fox, II, Public Citizen Litigation Group, Washington, D.C., of counsel), for amici curiae PROD, Teamsters for a Democratic Union, Independent Skilled Trades Council, United Rank and File Committee, Committee for Concerned Transit Workers, United Coalition, United Women's Alliance to Gain Equality, United Construction Workers' Association.

Before LUMBARD, MOORE and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

Local 1101, Communications Workers of America, A.F.L.-C.I.O. ("Local") and various of its officers appeal from a judgment of the District Court for the Southern District of New York entered by Judge Whitman Knapp on September 6, 1978, pursuant to his decision dated July 26, 1978, enjoining them to reinstate plaintiff Dave Newman to his position as a job steward of the Local. The decision and judgment followed a non-jury trial held after an...

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