WIRTZ v. NATIONAL MARITIME UNION OF AMERICA

No. 66 CIV 4519.

272 F.Supp. 68 (1967)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff, v. NATIONAL MARITIME UNION OF AMERICA, Defendant.

United States District Court S. D. New York.

May 4, 1967.


Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., by Arthur S. Olick, Asst. U. S. Atty., New York City, for plaintiff.

Abraham E. Freedman, New York City, for defendant.


MEMORANDUM OPINION MOTION TO STRIKE DEMAND FOR JURY TRIAL

MOTLEY, District Judge.

This is a civil action brought by the Secretary of Labor to set aside a union election under Title IV of the Labor-Management Reporting and Disclosure Act of 1959 [29 U.S.C. § 481 et seq.], hereinafter L.M.R.D.A. Pursuant to Rule 38, Fed.R.Civ.P., the plaintiff moved for an order striking defendant's demand for a trial by jury.

Rule 38(a) of the Federal Rules of...

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