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DRISCOLL v. INTERNATIONAL UNION OF OP. ENG., LOCAL 139

No. 72-1423.

484 F.2d 682 (1973)

Joseph M. DRISCOLL, Plaintiff-Appellant, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 139, Defendant-Appellee, and International Union of Operating Engineers, AFL-CIO, Intervenor-Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 11, 1973.

Attorney(s) appearing for the Case

Sanford J. Rosen, American Civil Liberties Union, San Francisco, Cal., James A. Walrath, Milwaukee, Wis., for plaintiff-appellant.

Gerry M. Miller, Milwaukee, Wis., J. Albert Woll, Laurence Gold, Washington, D. C., for defendant-appellee.

Before SWYGERT, Chief Judge, and CASTLE and BARNES, Senior Circuit Judges.

CASTLE, Senior Circuit Judge.

Plaintiff Joseph M. Driscoll instituted this action against Local No. 139 of the International Union of Operating Engineers seeking to force the Local to discontinue requiring all candidates for union office to execute a non-Communist affidavit. Because its by-laws required that its local unions demand such an affidavit, the international union intervened. On March 23, 1972, the district court dismissed Driscoll's complaint for want of...

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