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CUTLER v. AMERICAN FEDERATION OF MUSICIANS OF U. S. & CAN.

No. 283, Docket 27946.

316 F.2d 546 (1963)

Ben CUTLER, Dan Terry, Ralph Flanagan, Marty Levitt, Vic Ash, Claude Garreau (d/b/a Allen Meritt), and Angie Bond, et al., Plaintiffs-Appellees, v. AMERICAN FEDERATION OF MUSICIANS OF the UNITED STATES AND CANADA and Associated Musicians of Greater New York Local 802, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided April 30, 1963.

Attorney(s) appearing for the Case

Emanuel Dannett, New York City (McGoldrick, Dannett, Horowitz & Golub, New York City, Herbert D. Schwartzman, Eugene Mittleman, and Jerome H. Adler, New York City, Henry Kaiser and George Kaufmann, Washington, D. C., on the brief), for defendant-appellant American Federation of Musicians of the United States and Canada.

David I. Ashe, Ashe & Rifkin, New York City, on the brief, for defendant-appellant Associated Musicians of Greater New York, Local 802.

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

Before LUMBARD, Chief Judge, and FRIENDLY and KAUFMAN, Circuit Judges.

LUMBARD, Chief Judge.

The American Federation of Musicians of the United States and Canada and the Associated Musicians of Greater New York, Local 802 appeal from a judgment of the District Court for the Southern District of New York which permanently enjoined the defendant unions from collecting from Ben Cutler, an orchestra leader member of said Local, the 1½ percent tax or the 10 percent traveling surcharge imposed respectively by the Local's by-laws and the...

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