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MADDEN v. ATKINS

4 N.Y.2d 283 (1958)

Bernard C. Madden et al., Respondents-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., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided May 1, 1958.

Attorney(s) appearing for the Case

Francis X. Nestor for appellants-respondents.

John R. Harold for respondents-appellants.

Chief Judge CONWAY and Judges DYE, VAN VOORHIS and BURKE concur with Judge FULD; Judge DESMOND concurs in result in a separate opinion; Judge FROESSEL taking no part.

FULD, J.

Whether the plaintiffs were wrongfully expelled from the union of which they were members and, if so, whether they may recover damages for such expulsion from the union, an unincorporated association, are questions presented by this appeal.

The plaintiffs are licensed deck officers and, until 1953, all of them, except Dipietrantonio, were members of Local 88 of Masters, Mates and Pilots of America...

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