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NEWMAN v. LOCAL 1101, COMMUNICATIONS WKRS., ETC.

No. 173, Docket 77-7277.

570 F.2d 439 (1978)

Dave NEWMAN, Vincent Cassidy, Frank Gallaro, Edward Guy, David Spira, Edward Sevilla, Aaron Bookin, John Scott, Vinny Daniele, Raymond Hughes, Arcangel Ascencio, Alfredo Bernard, Sigmund Barkhaus, Brent Kramer, Edward Davis, Raymond Pelmieri, William Fairchild, Euston Stewart, John Schuster, Edward McDonald, Joseph Bellone and Elizabeth Winiarski, Plaintiffs-Appellees, v. LOCAL 1101, COMMUNICATIONS WORKERS OF AMERICA, A.F.L.-C.I.O., Edward Dempsey, President, Robert Barbarelli, Vice-President and Richard McLaughlin, Business Agent of Local 1101, Communications Workers of America, A.F.L.-C.I.O., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 26, 1978.

Attorney(s) appearing for the Case

Michael Klein, New York City (O'Donnell & Schwartz, New York City, of counsel), for defendants-appellants.

Amy Gladstein, Atty., Brooklyn, N.Y. (Loren Siegel, Atty., Brooklyn, N.Y., of counsel), for plaintiffs-appellees.

Before SMITH, MANSFIELD and OAKES, Circuit Judges.

MANSFIELD, Circuit Judge:

In this action by members of Local 1101 ("Local") of the Communications Workers of America, AFL-CIO ("CWA") against it and various of its officers alleging violation of the plaintiffs' free speech rights as union members under §§ 101(a)(2) and 609 of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 411(a)(2) and § 529 ("LMRDA"),1 the defendants appeal from an injunction issued...

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