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SCHONFELD v. PENZA

Nos. 570, 571, Dockets 72-2373, 72-2382.

477 F.2d 899 (1973)

Frank SCHONFELD, Individually and as Secretary-Treasurer of District Council 9, International Brotherhood of Painters and Allied Trades, AFL-CIO, Plaintiff-Appellee, v. John PENZA, as Chairman and member, et al., Defendants-Appellants. Isaac SCHWARTZ et al., Plaintiffs-Appellees, v. Morris LEVY, Individually and as President of District Council No. 9, International Brotherhood of Painters and Allied Trades, AFL-CIO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 23, 1973.

Attorney(s) appearing for the Case

Michael F. Dennis, New York City (Saul I. Weinstein, New York City, of counsel), for appellants Penza and others.

Stephen C. Vladeck, New York City, for Intervenor International Brotherhood of Painters and Allied Trades, AFL-CIO, amicus curiae.

Martin Raphael, Long Island City, N. Y., for appellee Schonfeld.

Julius S. Impellizzeri, New York City (William Hoppen, New York City, of counsel), for appellees Schwartz and others.

Before FRIENDLY, Chief Judge, OAKES and TIMBERS, Circuit Judges.

OAKES, Circuit Judge:

The appeal here is from a preliminary injunction granted to restrain the ousting of a union official and the holding of an interim election.

These two cases, consolidated for trial and appeal, result from the infighting that has marked the politics of the New York painters union, District Council No. 9 (the District Council), a group of locals of the International Brotherhood of Painters and Allied Trades (the International). Suit was...

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