CARROLL v. ASSOCIATED MUSICIANS OF GREATER NEW YORK

No. 34, Docket 26278.

284 F.2d 91 (1960)

Joseph CARROLL, Charles Peterson and Charles Turecamo, as Treasurer, Orchestra Leaders of Greater New York, Plaintiffs-Appellees, v. ASSOCIATED MUSICIANS OF GREATER NEW YORK and Al Manuti, as President, Max L. Arons, as Secretary and Hi Jaffee, as Treasurer of Local 802, Associated Musicians of Greater New York, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided November 17, 1960.


Attorney(s) appearing for the Case

Schmidt & McDonald, New York City (Godfrey P. Schmidt, New York City, on the brief), for plaintiffs-appellees.

Ashe & Rifkin, New York City (George Rifkin, New York City, on the brief), for defendants-appellants.

Before LUMBARD, Chief Judge, and TUTTLE and FRIENDLY, Circuit Judges.


TUTTLE, Circuit Judge.

Associated Musicians of Greater New York and its officers appeal from the grant of a temporary injunction forbidding them to put into effect a "single engagement welfare plan" which concededly involved payments which would be violative of Section 302(a) of the Labor Management Relations Act as Amended, 29 U.S.C.A. § 186, assuming the correctness of the facts found by the trial court. The provisions of the Labor Management Relations Act...

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