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WIRTZ v. NATIONAL MARITIME UNION OF AMERICA

No. 545, Docket 32376.

399 F.2d 544 (1968)

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

United States Court of Appeals Second Circuit.

Decided July 29, 1968.

Attorney(s) appearing for the Case

Michael D. Hess, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York, and Patricia M. Hynes, Asst. U. S. Atty., New York City, on the brief), for plaintiff-appellee.

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

Before MOORE and HAYS, Circuit Judges, and TIMBERS, District Judge.

TIMBERS, District Judge.

The National Maritime Union of America appeals from a judgment entered April 24, 1968 in the United States District Court for the Southern District of New York by Constance Baker Motley, District Judge, after a non-jury trial, setting aside the union's 1966 election of officers and directing a new election pursuant to Section 402(c) of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 482(c).1

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