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GOLDBERG v. AMALGAMATED LOCAL UNION NO. 355

No. 61-C-904.

202 F.Supp. 844 (1962)

Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor, Plaintiff, v. AMALGAMATED LOCAL UNION NO. 355, An Unincorporated Association, Defendant.

United States District Court E. D. New York.

February 26, 1962.

Attorney(s) appearing for the Case

Joseph P. Hoey, U. S. Atty. by George V. O'Haire, Asst. U. S. Atty., for plaintiff.

Joseph T. King, New York City, for defendant.

MISHLER, District Judge.

Motion by plaintiff to strike out affirmative defense pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, 28 U.S.C.A., i. e., that the affirmative defense is insufficient in law or immaterial, impertinent or redundant.

This action is brought by the Secretary of Labor against defendant local labor organization, pursuant to Section 402(b) of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 73 Stat. 534,...

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