LIVINGSTON v. McLEOD


209 F.Supp. 606 (1962)

David LIVINGSTON, as President of District 65, Retail, Wholesale and Department Store Union, A.F. of L. and C.I.O., Plaintiff, v. Ivan C. McLEOD, as Regional Director of the National Labor Relations Board, Second Region, Defendant.

United States District Court S. D. New York.

October 16, 1962.


Attorney(s) appearing for the Case

Weisman, Allan, Spett & Sheinberg, New York City, for plaintiff. Irving Rosen, New York City, of counsel.

Stuart Rothman, Washington, D. C., for defendant. Marcel Mallet-Prevost, James C. Paras and Solomon I. Hirsh, Washington, D. C., of counsel.


TYLER, District Judge.

Plaintiff ("District 65") seeks a temporary injunction restraining the defendant Regional Director from conducting a representative election pursuant to the National Labor Relations Act (29 U.S.C. § 151 et seq.). The Regional Director has cross-moved to dismiss District 65's complaint or, in the alternative, for summary judgment.

Essentially, this case presents a problem of interpretation of the comparatively new and "hybrid" procedure...

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