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MADDEN v. ATKINS

4 A.D.2d 1 (1957)

Bernard C. Madden et al., Appellants, v. Charles T. Atkins, Individually and as President of New York Association No. 88 of Masters and Mates of the National Organization Masters, Mates and Pilots of America, Inc., and as President of National Organization Masters, Mates and Pilots of America, Inc., et al., Respondents

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

May 6, 1957.

Attorney(s) appearing for the Case

John R. Harold for appellants.

Francis X. Nestor and John P. Gorman for respondents.

HALLINAN and KLEINFELD, JJ., concur with WENZEL, J.; NOLAN, P. J., concurs insofar as the judgment is modified as to appellants Madden, Liddy, Friedman and Di Pietrantonio but dissents insofar as the judgment is modified as to appellants Polachek and Sohnen, and votes to affirm the judgment without modification as to such appellants, with memorandum, in which UGHETTA, J., concurs.

WENZEL, J.

Respondent National Organization Masters, Mates and Pilots of America, Inc., a domestic corporation, hereinafter referred to as National, is a trade union whose activities extend generally throughout the country. Affiliated with it are subordinate trade union organizations whose activities are generally confined by territorial limitations. The subordinate organizations operate under charter issued by...

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