No. 72-1499.

485 F.2d 1003 (1973)

Gerald M. MARKER et al., Appellants, v. George P. SHULTZ, as Secretary of the Treasury of the United States Department of Treasury, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 8, 1973.

Attorney(s) appearing for the Case

John L. Kilcullen, Washington, D.C., with whom Bernard J. Casey, Washington, D.C., was on the brief, for appellants.

Leonard J. Henzke, Jr., Atty., Dept. of Justice, Tax Div., with whom Scott P. Crampton, Asst. Atty. Gen., and Harold H. Titus, Jr., U. S. Atty., were on the brief, for appellee Shultz and others.

John Silard, Washington, D.C., with whom Joseph L. Rauh, Jr., Elliott C. Lichtman, Washington, D.C., Daniel H. Pollitt, Chapel Hill, N.C., and Stephen I. Schlossberg, Detroit, Mich., Gen. Counsel, United Auto. Workers, were on the brief for appellee United Auto. Workers.

Bernard Dunau, Washington, D.C., with whom Plato E. Papps, and George Kaufmann, Washington, D.C., were on the brief, for appellee, International Assn. of Machinists and Aerospace Workers.

Before McGOWAN and LEVENTHAL, Circuit Judges, and GESELL, United States District Judge for the District of Columbia.

LEVENTHAL, Circuit Judge:

This is an action by workers in the aerospace industry, who are required to pay union dues under compulsory union shop contracts, to enjoin Treasury officials from continuing to grant or recognize tax exemption status under § 501(c)(5) of the Internal Revenue Code in the case of any labor organization that expends tax free membership dues for partisan political campaigns as described in the complaint. The pertinent unions were permitted...

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