JOYCE v. McCRANE

Civ. A. No. 68-70.

320 F.Supp. 1284 (1970)

John E. JOYCE, Jr., John E. Joyce, Inc., Building Contractors Association of New Jersey, Mechanical Contractors Association of New Jersey, Inc., National Electrical Contractors Association, New Jersey Chapter and Structural Steel and Ornamental Iron Association of New Jersey, Inc., Plaintiffs v. Joseph M. McCRANE, Treasurer, State of New Jersey and Donald A. Sullivan, Director, Division of Purchase & Property, Department of the Treasury, State of New Jersey, City of Newark, Defendants and Third-Party Plaintiffs, v. LOCAL NO. 3, BRICKLAYERS, MASONS, AND PLASTERERS INTERNATIONAL UNION OF AMERICA, et al., Third-Party Defendants.

United States District Court, D. New Jersey.

December 29, 1970.


Attorney(s) appearing for the Case

Lindabury, McCormick & Estabrook, by Kenneth L. Estabrook, Elizabeth, N.J., for plaintiffs, John E. Joyce, Jr., John E. Joyce, Inc., and Mechanical Contractors Assn. of New Jersey, Inc.

Apruzzese & McDermott by Vincent J. Apruzzese, Springfield, N. J., for plaintiff, Building Contractors Assn. of New Jersey.

John J. Clancy, Newark, N. J., by Edward M. Callahan, Jr., Nutley, N. J., for plaintiff, National Electrical Contractors Assn., New Jersey Chapter.

Jardine & Morrice by Thomas V. Jardine, Newark, N. J., for plaintiff, Structural Steel and Ornamental Iron Assn. of New Jersey.

Carchman, Sochor & Carchman by Philip S. Carchman, Newark, N. J., for defendants and third-party plaintiffs, Joseph M. McCrane and Donald A. Sullivan.

William H. Walls by W. William Hodes, Newark, N. J., (Louisiana Bar), for defendant and third-party plaintiff, City of Newark.

Meth & Wood, by Theodore S. Meth, Newark, N. J., for third-party defendant, Essex County and Vicinity District Council of Carpenters and Millwrights of the United Brotherhood of Carpenters and Joiners of America AFL-CIO.

Parsonnet, Parsonnet & Duggan by Thomas L. Parsonnet, Newark, N. J., for third-party defendant, District Council No. 10; Essex County Building Trades Council; and Local No. 52, International Brotherhood of Electrical Contractors.

Bracken, Walsh & Craig by D. F. Moore Craig, Newark, N. J., for third-party defendant, Local 2212, Carpenters, Resilient Floorlaying Union, United Brotherhood of Carpenters and Joiners of America.

Nathan Duff, Perth Amboy, N. J., for third-party defendant, Local No. 11 The International Assn. of Bridge, Structural and Ornamental Iron Workers.

Dunn & Pykon by Anthony C. Meola, Newark, N. J., for third-party defendant, Asbestos Workers and Local No. 10, Sheet Metal Workers International Assn.

Cerefice & Cerefice by Louis R. Cerefice, Newark, N. J., for third-party defendant, Local No. 24, United Assn. of Journeymen Plumbers and Steamfitters of the United States and Canada.

Nolan & Lynes by Jerome M. Lynes, Newark, N. J., for third-party defendant, Local 475, United Assn. of Journeymen Plumbers and Steamfitters of the United States and Canada.

Frederick B. Lacey, U. S. Atty. by Raymond W. Young, Asst. U. S. Atty. Irwin Goldbloom, and Benjamin W. Mintz, Washington, D. C., for third-party defendants, Elliot L. Richardson, Secretary of Health, Education & Welfare, James D. Hodgson, Secretary of Labor, and George Romney, Secretary of Housing & Urban Development.

Nadine H. Taub, Newark, N. J., and Lowell Johnston, New York City, for third-party defendant, George Fontaine.


OPINION

CLARKSON S. FISHER, District Judge:

This action is brought to obtain judicial determination of the validity of the Affirmative Action Plan devised by the State of New Jersey in compliance with Executive Order #11246.

Motions for summary judgment pursuant to Fed.R.Civ.P. 56 are brought by third party defendants, the federal officials who have been made parties, the State of New Jersey, the City of Newark, and George Fontaine, a citizen of...

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