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LIBUTTI v. DI BRIZZI

No. 188, Docket 29206.

337 F.2d 216 (1964)

Peter LIBUTTI, Charles P. McDermott and Anthony J. Gatto, each of them individually and on behalf of all other members of Local 920, International Longshoremen's Association, similarly situated, Plaintiffs-Appellees, v. Alex DI BRIZZI, as President, or Joseph Vincenzino, as Business Agent, or Arnold Guerriero, as Secretary-Treasurer of Local 920, International Longshoremen's Association, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 13, 1964.

Attorney(s) appearing for the Case

Burton H. Hall, New York City, for plaintiffs-appellees.

Julius Miller, New York City (Gleason & Miller, New York City, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and MOORE and SMITH, Circuit Judges.

LUMBARD, Chief Judge.

Alex Di Brizzi and two other officers of Local 920 of the International Longshoremen's Association appeal from a preliminary injunction which ordered the defendant local to afford each of its members, within twenty days, a fair opportunity to nominate candidates for office, and, within thirty days thereafter, to conduct an election in accordance with its constitution and bylaws. The appeal raises two questions: first, whether arbitrary restrictions...

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