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CASSIDY v. HORAN

No. 19, Docket 32126.

405 F.2d 230 (1968)

Fred CASSIDY, Plaintiff-Appellant, v. Richard HORAN, James Richard, Betty Ponticello, Larry Storey, Joseph Vaccaro, David Conner, Ray Jund, Alex Riola, Miriam Wells and Charles Bence, Sr., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 30, 1968.

Attorney(s) appearing for the Case

David O. Boehm, Rochester, N. Y. (Cucci, Welch & Boehm, Rochester, N. Y., on the brief), for plaintiff-appellant.

Bertram Diamond, Stamford, Conn. (Baker & Diamond, Stamford, Conn., and Andrew G. Celli, Rochester, N. Y., on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Plaintiff, a member and officer of Rochester Independent Workers Union Local No. 1, sued defendants, who in 1964 were officers, committee chairmen or committee members of Local No. 1, for breach of fiduciary duty to the union, purportedly under Section 501 of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 501. After trial by the Court, Chief Judge Harold P. Burke presiding, the action was dismissed and plaintiff...

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