Eddie WITTSTEIN et al., Plaintiffs-Appellees,
v.
AMERICAN FEDERATION OF MUSICIANS OF the UNITED STATES AND CANADA, Defendant-Appellant.
Julius SCHWARTZ et al., Plaintiffs-Appellees,
v.
ASSOCIATED MUSICIANS OF GREATER NEW YORK, LOCAL 802, AMERICAN FEDERATION OF MUSICIANS OF the UNITED STATES AND CANADA, Defendant-Appellant.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued November 20, 1963.
Decided December 18, 1963.
Dissenting Opinion December 23, 1963.
Certiorari Granted March 9, 1964.
Attorney(s) appearing for the Case
Godfrey P. Schmidt, New York City, for plaintiffs-appellees.
Emanuel Dannett, New York City, (Henry Kaiser and George Kaufmann, Washington, D. C., Jerome H. Adler, Herbert D. Schwartzman, Eugene Mittelman, and McGoldrick, Dannett, Horowitz & Golub, New York City, for defendant-appellant, American Federation of Musicians of the United States and Canada and David I. Ashe and Ashe & Rifkin, New York City, for defendant-appellant, Associated Musicians of Greater New York, Local 802, on the brief), for defendant-appellant, American Federation of Musicians of the United States and Canada, and defendant-appellant, Associated Musicians of Greater New York, Local 802.
Before MEDINA, WATERMAN and MARSHALL, Circuit Judges.
United States Court of Appeals Second Circuit.
Certiorari Granted March 9, 1964. See 84 S.Ct. 798.
MEDINA, Circuit Judge.
As a result of our decision in Cutler v. American Federation of Musicians, 2 Cir., 1963, 316 F.2d 546, cert. denied, December 9, 1963, 84 S.Ct. 346, holding invalid the 10 per cent travelling surcharge imposed by certain provisions of the By-laws and Constitution of the Federation, an attempt was made to supply funds deemed necessary to take the place...
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