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DRISCOLL v. INTERNATIONAL UNION OF OP. ENG., LOC. NO. 139

Civ. A. No. 70-C-55.

339 F.Supp. 757 (1972)

Joseph M. DRISCOLL, Plaintiff, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 139, Defendant, and International Union of Operating Engineers, A.F.L.-C.I.O., Intervenor-Defendant.

United States District Court, E. D. Wisconsin.

March 23, 1972.

Attorney(s) appearing for the Case

Irvin B. Charne, and Michael C. Runde, Milwaukee, Wis., for plaintiff.

Gerry M. Miller, Milwaukee, Wis., for defendant.

J. Albert Woll, Washington, D. C., for intervenor-defendant.

OPINION AND ORDER

REYNOLDS, Chief Judge.

This is a civil action challenging as incompatible with the Constitution and statutes of the United States a provision of the constitution of the International Union of Operating Engineers, AFL-CIO, which makes candidacy for local union office contingent upon execution of a non-Communist affidavit. Plaintiff requests a declaratory judgment and an injunction permanently enjoining defendants from excluding plaintiff...

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