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LOCAL NO. 1 (ACA) v. INTERN. BROTH. OF TEAMSTERS

Nos. 79-1065, 79-1066.

614 F.2d 846 (1980)

LOCAL NO. 1 (ACA) BROADCAST EMPLOYEES OF the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA and William Bender and Morton Borrow and Walter Jost and Anthony Evasew, Appellants in No. 79-1065, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA and Frank E. Fitzsimmons, General President and Edward Nagle, Vice President and Highway Truck Drivers and Helpers Local 107 and Louis J. Bottone, President Local 107 and John E. Smalley. Appeal of HIGHWAY TRUCK DRIVERS AND HELPERS LOCAL 107, No. 79-1066.

United States Court of Appeals, Third Circuit.

Decided January 16, 1980.

Attorney(s) appearing for the Case

Harry Lore (argued), Philadelphia, Pa., for appellants in No. 79-1065.

Barry Wm. Levine, Leslie J. Ruben (argued), Dickstein, Shapiro & Morin, Washington, D. C., Robert M. Baptiste, Washington, D. C., for appellee International Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America.

Thomas W. Jennings, Sagot & Jennings, Philadelphia, Pa., George Kaufmann (argued), Washington, D. C., for appellee/cross appellant Highway Truck Drivers and Helpers Local 107.

Before ADAMS, ROSENN and WEIS, Circuit Judges.

Motion To Amend Pleading Granted; Petition For Panel Rehearing Denied.

OPINION OF THE COURT

ROSENN, Circuit Judge.

Two interesting questions are presented for our review in this appeal. First, does an international union have the power under its constitution to merge two of its local unions without either's consent? The district court answered this question in the affirmative and declared valid an order of the General Executive Board of the International...

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