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BACHOWSKI v. BRENNAN

No. 73-2029.

502 F.2d 79 (1974)

Walter BACHOWSKI, Appellant, v. Peter BRENNAN, Secretary of Labor, United States Department of Labor and United Steelworkers of America.

United States Court of Appeals, Third Circuit.

Decided July 26, 1974.

As Amended September 3, 1974.

Certiorari Granted December 16, 1974.

Attorney(s) appearing for the Case

Joseph L. Rauh, Jr., Rauh & Silard, Washington, D. C., Kenneth J. Yablonski, Washington, Pa., for appellant.

Irving Jaffe, Acting Asst. Atty. Gen., Richard L. Thornburgh, U. S. Atty.; Stephen F. Eilperin, and Michael H. Stein, Attys., U. S. Dept. of Justice for the Secretary of Labor.

Michael H. Gottesman, Bredhoff, Chishman, Gottesman & Cohen, Washington, D. C.; James D. English, Pittsburgh, Pa.; Bernard Kleiman, Chicago, Ill. (of counsel), for United Steelworkers of America.

Before SEITZ, Chief Judge, and VAN DUSEN and GIBBONS, Circuit Judges.

Certiorari Granted December 16, 1974. See 95 S.Ct. 654.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This case is an appeal from the district court's dismissal for lack of subject matter jurisdiction of a suit to compel the Secretary of Labor (the "Secretary") to bring an action to upset a union election under § 402(b) of the Labor-Management Reporting and Disclosure Act of 1959 ("L-MRDA"), 29 U.S. C. § 482(b).1

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