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LOCAL 2855, AFGE (AFL-CIO) v. UNITED STATES

No. 78-2402.

602 F.2d 574 (1979)

LOCAL 2855, AFGE (AFL-CIO) President, Local 2855 James P. Riley, Sol E. Mortner, Joseph Belmonte, Vincent J. Bonner, William N. King, Crescenzo J. Campanelli, Michael J. Vitale, and Gene J. Spampani, Appellants, v. UNITED STATES of America, Martin Hoffman, Secretary of the Army, Col. Joseph Torsani, Jr., Commanding Officer, Robert E. Hampton, Chairman, U.S. Civil Service Comm., Georgiana H. Sheldon, Commissioner, U.S. Civil Service Commission, Ludwig J. Andolsek, Commissioner of U.S. Civil Service Commission.

United States Court of Appeals, Third Circuit.

Decided July 11, 1979.

Attorney(s) appearing for the Case

Joseph Meehan (argued), Meehan & Kenney, Long Branch, N.J., for appellants.

Robert J. Del Tufo, U.S. Atty., Anne C. Singer, Asst. U.S. Atty., Newark, N.J., for appellees; James K. Jackson, Michael J. Wentink (argued), Washington, D.C., of counsel.

Before ADAMS and ROSENN, Circuit Judges, and LAYTON, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This class action was instituted by Local 2855 of the American Federation of Government Employees and by civilian employees of the Department of the Army to contest the decision of the Army to contract out to a private concern the stevedoring and terminal services previously performed by government employees at the Military Ocean Terminal in Bayonne, New Jersey. The district court dismissed the suit for lack of...

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