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WIRTZ v. LOCAL UNIONS NO. 9, 9-A AND 9-B, INT. U. OF OP. ENG.

Nos. 8226, 8227.

366 F.2d 911 (1966)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. LOCAL UNIONS NO. 9, 9-A AND 9-B, INTERNATIONAL UNION OF OPERATING ENGINEERS, Appellee. LOCAL UNIONS NO. 9, 9-A AND 9-B, INTERNATIONAL UNION OF OPERATING ENGINEERS, Cross-Appellant, v. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Cross-Appellee.

United States Court of Appeals Tenth Circuit.

October 6, 1966.

Attorney(s) appearing for the Case

John W. Douglas, Asst. Atty. Gen. (Lawrence M. Henry, U. S. Atty., Alan S. Rosenthal and Robert C. McDiarmid, Attys., Dept. of Justice., with him on brief), Denver, Colo., for appellant and cross appellee.

Wayne D. Williams, Denver, Colo. (Howard E. Erickson, Denver, Colo., with him on brief), for appellee and cross appellant.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

The action was filed in the District of Colorado pursuant to the requirements of Section 402 of the Labor-Management Reporting and Disclosure Act.1

Taylor and other members of defendant Local Unions affiliated with the International Operating Engineers Union filed declarations of candidacy for various local union offices. The Constitution of International required that the declarations be filed prior to January...

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