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MARSHALL v. LOCAL 1402, INTERN. LONGSHOREMEN'S ASS'N

No. 78-2338.

617 F.2d 96 (1980)

F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. LOCAL 1402, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION OF TAMPA, FLORIDA AND VICINITY AFL-CIO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 14, 1980.

Attorney(s) appearing for the Case

Patricia G. Reeves, Robert E. Kopp, Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Hamilton, Douglas & Bennett, Frank E. Hamilton, Jr., Frank E. Hamilton, III, Tampa, Fla., for defendant-appellee.

Before MORGAN, ANDERSON and RANDALL, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

The Secretary of Labor brought this action under Title IV of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 481, et seq., against the defendant, Local 1402, International Longshoremen's Association of Tampa, Florida and Vicinity, AFL-CIO (Union), to set aside the Union's December 9, 1975, election of officers. The Union's bylaw provides, as an eligibility requirement for election of officers, that...

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