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LOCAL UNIONS NO. 545, 545-A, 545-B & 545-C INT. U. OF OP. ENG. v. WIRTZ

No. 499, Docket 31225.

381 F.2d 448 (1967)

LOCAL UNIONS NO. 545, 545-A, 545-B AND 545-C INTERNATIONAL UNION OF OPERATING ENGINEERS, Defendant-Appellant, v. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee.

United States Court of Appeals Second Circuit.

Decided July 28, 1967.

Attorney(s) appearing for the Case

J. Albert Woll, Laurence Gold, Washington, D. C. (Nathan H. Blitman, Syracuse, N. Y., on the brief), for defendant-appellant.

Robert V. Zener, Washington, D. C. (Carl Eardley, Acting Asst. Atty. Gen., Justin J. Mahoney, U. S. Atty., Alan S. Rosenthal, Dept. of Justice, Washington, D. C., on the brief), for plaintiff-appellee.

Before HAYS and FEINBERG, Circuit Judges, and McLEAN, District Judge.

PER CURIAM:

Plaintiff, the Secretary of Labor, brought this action pursuant to Section 402(b) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. § 482(b)) for a judgment declaring the election of officers of defendant union held between May 25 and June 26, 1963, to be void and directing that a new election be held under the supervision of plaintiff. The amended complaint alleged that certain union...

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