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MARSHALL v. LOCAL 468, INTERN. BROTH. OF TEAMSTERS

No. 78-3582.

643 F.2d 575 (1980)

Ray MARSHALL, Secretary of Labor, United States, Department of Labor, Plaintiff-Appellant, v. LOCAL 468, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Independent, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 15, 1980.

Rehearing Denied March 16, 1981.

As Amended March 30, 1981.

Attorney(s) appearing for the Case

Wendy M. Keats, Washington, D. C., argued for plaintiff-appellant; Robert E. Kopp, Linda M. Cole, Dept. of Justice, Washington, D. C., on brief.

Kenneth N. Silbert, Brundage, Beeson, Tayer & Kovach, San Francisco, Cal., for defendant-appellee.

Before WALLACE and ALARCON, Circuit Judges, and VON DER HEYDT, District Judge.

VON DER HEYDT, District Judge:

The Secretary of Labor appeals from an order granting summary judgment to the defendant, Local 468, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Independent, charged with a violation of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 401 et seq. We hold that the Union violated 29 U.S.C. § 481(c)1 and remand to the District Court...

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