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WIRTZ v. LOCAL 153, GLASS BOTTLE BLOWERS ASS'N OF U.S. & CAN.

Nos. 15759 and 16048.

405 F.2d 176 (1968)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. LOCAL 153, GLASS BOTTLE BLOWERS ASSOCIATION OF the UNITED STATES AND CANADA, AFL-CIO (GBBA).

United States Court of Appeals Third Circuit.

Decided December 12, 1968.

Attorney(s) appearing for the Case

Robert V. Zener, Dept. of Justice, Civil Division, Appellate Section, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Gustave Diamond, U. S. Atty., Morton Hollander, Howard J. Kashner, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Albert K. Plone, Plone, Tomar, Parks & Seliger, Camden, N. J. (Jubelirer & Savage, Pittsburgh, Pa., on the brief), for appellee.

Before HASTIE, Chief Judge, and McLAUGHLIN and KALODNER, Circuit Judges.

OPINION OF THE COURT

HASTIE, Chief Judge.

This action by the Secretary of Labor seeks to have an election of officers of a local labor union invalidated under section 402(c) of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 482(c), on the ground that the union had unreasonably restricted the eligibility of members for elective office in violation of section 401(e) of the Act, 29 U.S.C. § 481(e). The district court decided...

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