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ZIPKIN v. KAPLAN

2 A.D.2d 407 (1956)

Jack Zipkin et al., Individually and as Members of Milk Drivers and Dairy Employees Local 584, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, on Behalf of Themselves and All Other Members Similarly Situated, Respondents, v. David Kaplan, Individually and as Trustee of Milk Drivers and Dairy Employees Local 584, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 13, 1956.

Attorney(s) appearing for the Case

Edward C. Maguire of counsel (Henry Weiss with him on the brief; Samuel J. Cohen, attorney), for appellants.

Joseph A. Teperson for respondents.

BREITEL, J. P., BOTEIN, RABIN, FRANK and VALENTE, JJ., concur.

Per Curiam.

The defendants appeal from an order, which among other matters, denies their application for a dismissal of the complaint upon the ground that the court lacked jurisdiction of the subject matter by reason of the plaintiffs' failure to exhaust internal remedies. The nub of the issue is whether the trustee appointed to take charge of the local union's affairs is required to be a member in good standing of...

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