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DISTRICT COUNCIL OF PAINTERS, NO. 16 v. PAINTERS U. LOCAL 127

No. 22742.

415 F.2d 1121 (1969)

DISTRICT COUNCIL OF PAINTERS, NO. 16 OF ALAMEDA, ET AL. COUNTIES, Defendants-Appellants, v. PAINTERS UNION LOCAL 127, Painters Union Local 560, Painters Union Local 1178, Sam Caponio, Wallace Rood, Dale Ball, James L. Brown, Ted Carty, Lee Lopez and Morris Komie, Plaintiffs-Appellees.

United States Court of Appeals Ninth Circuit.

August 27, 1969.

Attorney(s) appearing for the Case

Phillip J. Smith (argued), and Paul Paduck, of Smith, Parrish, Paduck & Clancy, Oakland, Cal., for appellants.

Francis J. McTernan (argued), of Garry, Dreyfus, McTernan & Brotsky, San Francisco, Cal., for appellees.

Before BARNES and MERRILL, Circuit Judges, and KILKENNY, District Judge.

PER CURIAM:

Appellees seek to enjoin appellants from collecting a dues increase imposed by the appellants in 1966. The District Court granted the injunction and this appeal followed.

The District Court held the dues increase to be in violation of § 101(a) (3) of the Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 411 (a) (3).1 The question presented on this

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