Joseph CARROLL, Charles Peterson and Charles Turecamo, as Treasurer, Orchestra Leaders of Greater New York, Plaintiffs-Appellants,
v.
ASSOCIATED MUSICIANS OF GREATER NEW YORK and Al Manuti, as President, Max L. Arons, as Secretary, and Hi Jaffe, as Treasurer of Local 802, Associated Musicians of Greater New York, Defendants-Appellees.
Joseph CARROLL, Charles Peterson and Charles Turecamo, as Treasurer, Orchestra Leaders of Greater New York, Plaintiff-Appellants,
v.
AMERICAN FEDERATION OF MUSICIANS OF the UNITED STATES AND CANADA, Herman D. Kenin, as President of said Federation, Stanley Ballard, as Secretary of said Federation, and George V. Clancy, as Treasurer of said Federation, Associated Musicians of Greater New York, Local 802, and Al Manuti, as President of Local 802, Max L. Arons, as Secretary of Local 802, and Hi Jaffe, as Treasurer of Local 802, Defendants-Appellees.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued October 3, 1962 and March 19, 1963.
Decided April 30, 1963.
Attorney(s) appearing for the Case
Godfrey P. Schmidt, New York City, for plaintiffs-appellants.
Emanuel Dannett, New York City (McGoldrick, Dannett, Horowitz & Golub, Herbert D. Schwartzman, Eugene Mittleman, and Jerome H. Adler, New York City, Henry Kaiser and George Kaufmann, Washington, D. C., on the brief), for defendants-appellees American Federation of Musicians of United States and Canada, Herman D. Kenin, as President of said Federation, Stanley Ballard, as Secretary of said Federation, and George V. Clancy, as Treasurer of said Federation.
David I. Ashe, Ashe & Rifkin, New York City for defendants-appellees Associated Musicians of Greater New York Local 802, and Al Manuti, as President of Local 802, Max L. Arons, as Secretary of Local 802, and Hi Jaffe, as Treasurer of Local 802.
Before LUMBARD, Chief Judge, and FRIENDLY and KAUFMAN, Circuit Judges.
United States Court of Appeals Second Circuit.
LUMBARD, Chief Judge.
Joseph Carroll and Charles Peterson, orchestra leaders, appeal from a judgment of the District Court for the Southern District of New York dismissing their complaints in two actions which sought to enjoin the defendant musicians unions from collecting certain taxes, surcharges and welfare plan payments.1 The complaints assertedly were class actions. Judge Levet held that...
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