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ROBINS v. RARBACK

No. 78, Docket 28281.

325 F.2d 929 (1963)

Harold ROBINS, individually and on behalf of all other persons similarly situated, Plaintiff-Appellant, v. Martin RARBACK, as Secretary-Treasurer, or Morris Arbor, as Assistant Secretary-Treasurer, or Louis Caputo, as President, or Frank Bona, as Vice President of District Council No. 9, Brotherhood of Painters, Decorators and Paperhangers of America, and Thomas Giunta, individually and as President, or William Cihelka, as Treasurer, or John W. Enright, as Financial Secretary, or John Steinbeck, as Recording Secretary of Local Union 892, Brotherhood of Painters, Decorators and Paperhangers of America, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 26, 1963.

Attorney(s) appearing for the Case

Burton H. Hall, New York City, for appellant.

George Pollack, of Michael A. Buonora, New York City, for defendants-appellees.

Before WATERMAN, HAYS and MARSHALL, Circuit Judges.

HAYS, Circuit Judge.

The plaintiff moved for a preliminary injunction requiring certain procedures to be followed in a union election which was to be held on June 17, 1963. The district court denied the motion. Both the district court and this court denied motions to stay the election until the appeal from the denial of the preliminary injunction could be heard and decided. The election was held on June 17. It is clear that the appeal from the denial of a preliminary...

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