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FITZGERALD v. CATHERWOOD

No. 212, Docket 31209.

388 F.2d 400 (1968)

Thomas H. FITZGERALD, Plaintiff-Appellant, v. Martin P. CATHERWOOD, as Industrial Commissioner of the State of New York, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 2, 1968.

Attorney(s) appearing for the Case

Bernard H. Fitzpatrick, New York City (Butler, Fitzpatrick & De Sio, New York City, Thomas Sheenan, Mineola, N. Y., of counsel), for appellant.

Joel Lewittes, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for appellee.

Before MOORE, SMITH and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The issue before us on this appeal is the validity of those provisions of New York's Labor and Management Improper Practices Act which make it a misdemeanor for an officer of a labor organization to hold a financial interest in an employer whose employees the organization represents.1 The appellant, Thomas H. Fitzgerald, sought a declaratory judgment in the court below decreeing that the challenged legislation...

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