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COLORADO LABOR COUNCIL v. AMERICAN FED. OF LAB., ETC.

No. 72-1701.

481 F.2d 396 (1973)

COLORADO LABOR COUNCIL, AFLCIO, an unincorporated association, et al., Plaintiffs-Appellees, v. AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, an unincorporated association, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided June 20, 1973.

Rehearing Denied August 6, 1973.

Attorney(s) appearing for the Case

Philip Hornbein, Jr., Denver, Colo. (Roy O. Goldin, Denver, Colo., with him on the brief), for plaintiffs-appellees.

Thomas E. Harris, Associate Gen. Counsel, AFL-CIO, Washington, D. C. (J. Albert Woll, Gen. Counsel, AFL-CIO, Robert C. Mayer, Laurence Gold, Washington, D. C., Donald P. Mac-Donald and James C. Fattor, Denver, Colo., with him on the brief), for defendants-appellants.

Harlington Wood, Jr., Asst. Atty. Gen., James L. Treece, U. S. Atty., Morton Hollander and William Kanter, Attys., Dept. of Justice; and Richard F. Schubert, Sol., of Labor, Beate Bloch, Associate Sol., Harper Barnes, Regional Sol., and Cornelius S. Donoghue, Jr., Atty., Dept. of Labor, of counsel, on the brief, on behalf of the Secretary of Labor, as amicus curiae.

Before LEWIS, Chief Judge, and BREITENSTEIN and McWILLIAMS, Circuit Judges.

PER CURIAM.

This is an appeal from a preliminary injunction issued by the United States District Court for the District of Colorado prohibiting the effectuation of a trusteeship sought to be imposed by the AFL-CIO over the Colorado Labor Council. In our view, the trial court had no jurisdiction over the subject matter sought to be litigated and accordingly lacked jurisdiction to enter the injunctive order here complained of. Resolution of the controversy involves...

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