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USERY v. LOCAL DIV. 1205, AMAL. TRANSIT UNION

No. 76-1235.

545 F.2d 1300 (1976)

William J. USERY, Secretary of Labor, Plaintiff, Appellant, v. LOCAL DIVISION 1205, AMALGAMATED TRANSIT UNION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 17, 1976.

Attorney(s) appearing for the Case

Eloise E. Davies, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C., with whom Rex E. Lee, Asst. Atty. Gen., Washington, D.C., James N. Gabriel, U.S. Atty., Boston, Mass., William J. Kilberg, Sol. of Labor, Beate Bloch, Associate Sol., Jerome J. Davis, Atty., Dept. of Labor, and Robert E. Kopp, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C., were on brief, for appellant.

Lawrence E. Katz, Cambridge, Mass., with whom Arthur J. Flamm, and Flamm, Mason, Paven & Feinberg, Boston, Mass., were on brief, for appellee.

Before CLARK, Associate Justice, U.S. Supreme Court (Ret.), McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

This suit to set aside an election of officers held in June of 1973 by Local 1205 of the Amalgamated Transit Union was brought by the Secretary of Labor under section 402(b) of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. § 482(b).1 The Secretary charges the Local with violations of section 401(e) of the LMRDA, first by imposing "an unreasonable meeting attendance qualification...

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