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BRENNAN v. INDEPENDENT LIFT TRUCK BUILDERS UNION

No. 73-1065.

490 F.2d 213 (1974)

Peter J. BRENNAN, Secretary of Labor, Plaintiff-Appellant, v. INDEPENDENT LIFT TRUCK BUILDERS UNION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 18, 1974.

Attorney(s) appearing for the Case

Harlington Wood, Jr., Asst. Atty. Gen., Robert E. Kopp, Atty., Dept. of Justice, Washington, D. C., Henry A. Schwarz, U. S. Atty., Danville, Ill., for plaintiff-appellant.

Sherman Carmell, Sheldon M. Charone, Stephen B. Horwitz, Chicago, Ill., for defendant-appellee.

Before CLARK, CUMMINGS and PELL, Circuit Judges.

CUMMINGS, Circuit Judge.

This suit was filed by the Secretary of Labor pursuant to the Labor-Management Reporting and Disclosure Act (29 U.S.C. § 401 et seq.) challenging the validity of the December 18, 1970, election of Terry Payne as president of the Independent Lift Truck Builders Union. The Union is an independent organization that represents approximately 900 employees of the Hyster Company at its Danville, Illinois, plant.

On October 16, 1970,...

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