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DEPEW v. EDMISTON

No. 16491.

386 F.2d 710 (1967)

Lindsay C. DEPEW, William G. Osborne and Dominick Caldarelli, Appellants, v. Spurgeon E. EDMISTON, as President, Chester A. Roller, as Secretary, and Purdy E. Garman, as Treasurer, of Keystone Lodge No. 42, Brotherhood of Railroad Trainmen, and Keystone Lodge No. 42, Brotherhood of Railroad Trainmen, Appellees.

United States Court of Appeals Third Circuit.

Decided November 27, 1967.

Attorney(s) appearing for the Case

G. Thomas Miller, McNees, Wallace & Nurick, Harrisburg, Pa. (Joseph A. Klein, Harrisburg, Pa., on the brief), for appellants.

Cornelius C. O'Brien, Jr., O'Brien, Anderson, McCrudden & Parrish, Philadelphia, Pa. (Matthew J. Ryan, III, Philadelphia, Pa., on the brief), for appellees.

Before STALEY, Chief Judge, and MARIS and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

Appellants, relying on § 101(a) (1) of the Labor-Management Reporting and Disclosure Act of 1959 [73 Stat. 522, 29 U.S.C. § 411(a) (1)]1 asked for injunctive relief to restrain the conduct of a scheduled union election by Keystone Lodge No. 42, Brotherhood of Railroad Trainmen, unless and until they had been accorded an equal opportunity...

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