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SCHWARTZ v. ASSOCIATED MUSICIANS OF GREATER N. Y., LOCAL 802

237 F.Supp. 149 (1963)

Julius SCHWARTZ, Buddy Kane, Robert Curtis, John C. Rosenmerkel, William Arnold, Frances Baron, Leonard O. Gaskin, Louis V. Schwartz, Herbert Wasserman, Judith Bregman, Solomon Kosarin and Glen Williams, Plaintiffs, v. ASSOCIATED MUSICIANS OF GREATER NEW YORK, LOCAL 802, American Federation of Musicians of the United States and Canada, Defendants. Eddie WITTSTEIN, Ben Cutler, Julius Schwartz, Marty Levitt, Claude Garreau, Bert Fisher, George Auld, Leo Greco, Hector De Rienzo, Milton Farowitz and Matt Gillespie, Plaintiffs, v. AMERICAN FEDERATION OF MUSICIANS OF the UNITED STATES AND CANADA, Defendant.

United States District Court S. D. New York.

October 29, 1963.

Attorney(s) appearing for the Case

Godfrey P. Schmidt, New York City, for plaintiffs.

McGoldrick, Dannett, Horowitz & Golub, New York City, for defendant American Federation of Musicians of the United States and Canada. Emanuel Dannett, Herbert D. Schwartzman, Eugene Mittelman, New York City, of counsel.

Ashe & Rifkin, New York City, for defendant Associated Musicians of Greater New York, Local 802. David I. Ashe, New York City, of counsel.

LEVET, District Judge.

These consolidated actions are brought by members of the defendant unions challenging certain recent fiscal enactments of both the parent Federation and its Local 802. The complaint in Wittstein as well as the second count in the Schwartz complaint challenge the procedure at the Federation's recent annual convention by which a resolution was enacted purporting to abolish the so-called 10% traveling surcharge and substituting therefor an increase...

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