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DALEY v. FITZSIMMONS

No. 74 Civ. 3977 (MP).

384 F.Supp. 637 (1974)

Theodore G. DALEY, as Secretary-Treasurer of Local Union No. 445, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Plaintiff, v. Frank E. FITZSIMMONS, as General President of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Defendant.

United States District Court, S. D. New York.

November 12, 1974.

Attorney(s) appearing for the Case

Friedlander, Gaines, Cohen, Rosenthal & Rosenberg, New York City, for plaintiff; Joseph S. Rosenthal, and David Kramer, New York City, of counsel.

Dickstein, Shapiro & Morin, Washington, D.C., for defendant; Robert J. Higgins, Robert M. Baptiste, Labor counsel, International Brotherhood of Teamsters, Washington, D.C., David Previant, of counsel.

Conrad P. Sheehan, New York City, for intervenor Vincent Refino; John J. Sheehan, New York City, of counsel.

OPINION

POLLACK, District Judge.

I.

This is a suit for injunctive and declaratory relief brought under Section 301(a) of the Labor Management Relations Act, as amended, 29 U.S.C. § 185(a), by the Secretary-Treasurer of a local teamsters' union against the General President of the national labor organization with which the Local is affiliated.

The object of the suit is to prevent the General...

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