PURCELL v. KEANE

No. 17090.

406 F.2d 1195 (1969)

Gervase J. PURCELL, Jr., Gregory Horan, John R. Keenan, Samuel J. Rosato, James J. Higgins, and Ronald McGuigan, on Behalf of Local 169, Affiliated With the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, a Labor Organization, Appellees, v. Frank KEANE, Archie McGowan, Frank Burdy, Bernard Marcus, Andrew O'Hara, William Maloney, Appellants, and Fireman's Fund American Insurance Company.

United States Court of Appeals Third Circuit.

Decided January 31, 1969.


Attorney(s) appearing for the Case

Bernard N. Katz, Meranze, Katz, Spear & Bielitsky, Philadelphia, Pa., for appellants.

Edward B. Bergman, Solo, Abrams, Bergman, Trommer & Padova, Philadelphia, Pa., for appellees.

Before McLAUGHLIN, KALODNER and ALDISERT, Circuit Judges.


OPINION OF THE COURT

GERALD McLAUGHLIN, Circuit Judge.

This is an interlocutory appeal from an order denying defense motions to dismiss the complaint certified for this appeal by the District Court pursuant to 28 U.S.C. § 1292(b). Leave to appeal was granted by this Court on December 6, 1967.

The narrow issue here is whether exhaustion of internal union remedies is a condition precedent to suit brought under Section 501(b) of the Labor Management...

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