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

No. 7, Docket 28639.

340 F.2d 228 (1964)

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-Appellants, v. ASSOCIATED MUSICIANS OF GREATER NEW YORK, LOCAL 802, AMERICAN FEDERATION OF MUSICIANS OF the UNITED STATES AND CANADA, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 29, 1964.

Attorney(s) appearing for the Case

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

Emanuel Dannett, New York City (Ashe & Rifkin, Henry Kaiser, Jerome Adler, David I. Ashe and Eugene Mittelman, New York City, on the brief), for defendant-appellee.

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

J. JOSEPH SMITH, Circuit Judge:

Plaintiffs appeal from summary judgment dismissing the first count in a two-count complaint, and holding that union "local tax" was not violative of law, in the United States District Court for the Southern District of New York, Richard H. Levet, District Judge. We find no error in the grant of summary judgment, and affirm the judgment.

The courts have already passed on another aspect of this controversy. In Wittstein v. American...

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