UNITED FEDERATION OF COLLEGE TEACH., LOC. 1460 v. MILLER

No. 709, Docket 73-1091.

479 F.2d 1074 (1973)

UNITED FEDERATION OF COLLEGE TEACHERS, LOCAL 1460, and American Federation of Teachers, AFL-CIO, Plaintiff-Appellant, v. Edward B. MILLER et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 15, 1973.


Attorney(s) appearing for the Case

Judith P. Vladeck, New York City (Vladeck, Elias, Vladeck & Lewis, Stephen C. Vladeck and Deborah Watarz, New York City, on the brief), for plaintiff-appellant.

R. Bruce McLean, Washington, D. C. (Peter G. Nash, Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Glen M. Bendixsen, Chief of Special Litigation, and Abigail Cooley Baskir, Atty., N.L.R.B., on the brief), for defendants-appellees.

Before LUMBARD and TIMBERS, Circuit Judges, and WYZANSKI, District Judge.


LUMBARD, Circuit Judge:

United Federation of College Teachers, Local 1460 ("Union") appeals from an order of the Eastern District dismissing for lack of jurisdiction its action against defendants Miller, Fanning, Pennello, and Kennedy, in their capacities as members of the National Labor Relations Board. The Union had sought an injunction preventing the N.L.R.B. from effectuating its order of July 27, 1972, which directed the N.L.R.B. Regional Director for the 29th...

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