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ROSEN v. DISTRICT COUNCIL NO. 9 OF NEW YORK CITY OF THE BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS OF AMERICA

No. 244, Docket 27032.

326 F.2d 400 (1964)

Max ROSEN, Plaintiff-Appellant, v. DISTRICT COUNCIL NO. 9 OF NEW YORK CITY OF the BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS OF AMERICA, Martin Rarback as Secretary-Treasurer of District Council No. 9 of New York City, and Louis Caputo, as President of District Council No. 9 of New York City, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided January 9, 1964.

Attorney(s) appearing for the Case

Burton H. Hall, New York City, for plaintiff-appellant.

George Pollack, New York City (Michael A. Buonora, New York City, on the brief), for defendants-appellees.

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

PER CURIAM.

In open court we dismiss this appeal from the order of the district court, dated June 8, 1961, denying the plaintiff's application for a temporary injunction to enjoin the defendants from denying to plaintiff certain privileges of membership in the union following a decision of a trial board finding him guilty of charges that he violated provisions of the Brotherhood Constitution. We dismiss because of the delay in prosecuting the appeal.

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