DRIVERS, CHAUFFEURS AND HELPERS LOCAL NO. 639 v. PENELLO

No. 22086.

420 F.2d 632 (1969)

DRIVERS, CHAUFFEURS AND HELPERS LOCAL NO. 639, etc., and Phillip T. Brooks, et al., Appellants, v. John A. PENELLO, Regional Director of the Fifth Region of the National Labor Relations Board, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 17, 1969.


Attorney(s) appearing for the Case

Mr. John J. McBurney, Washington, D. C., for appellants. Mr. James F. Carroll, Washington, D. C., also entered an appearance for appellants.

Mr. Julius G. Serot, Assistant General Counsel, National Labor Relations Board, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. Arnold Ordman, General Counsel, and Dominick L. Manoli, Associate General Counsel, National Labor Relations Board, were on the brief, for appellee. Messrs. Marcel Mallet-Prevost, Asst. General Counsel, and George Norman, Attorney, National Labor Relations Board, also entered appearances for appellee.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and LEVENTHAL, Circuit Judge.


FAHY, Senior Circuit Judge:

This appeal involves a question as to the excessiveness of a fine for criminal contempt imposed by the District Court upon Drivers, Chauffeurs, and Helpers Local No. 639, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, appellant, hereinafter referred to as the Union.1 On May 13, 1968, the Union was fined $50,000 after being found guilty by the District Court of refusing...

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