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MORRISSEY v. CURRAN

Nos. 21, 39, 107, 108, 134 and 1449, Dockets 80-7204, 80-7230, 80-7292, 80-7322, 80-7390 and 80-7734.

650 F.2d 1267 (1981)

James M. MORRISSEY and Ralph Ibrahim, individually and on behalf of the members of the National Maritime Union of America, Plaintiffs-Appellees and Cross-Appellants, v. Joseph CURRAN, as President of the National Maritime Union of America and individually, et al., Defendants-Appellants and Cross-Appellees, and NMU Staff Pension Plan, Intervenor-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 28, 1981.

Attorney(s) appearing for the Case

Arthur E. McInerney, New York City (John S. Chapman, Jr., and Duer & Taylor, New York City, on the brief), for plaintiffs-appellees and cross-appellants.

William Perry, pro se.

Seymour M. Waldman, New York City (Waldman & Waldman, New York City, on the brief), for defendants-appellants and cross-appellees Wall, Barisic, Miller, Martin, and Bocker.

Ned R. Phillips, New York City (Phillips & Cappiello, New York City, on the brief), for intervenor-cross-appellant NMU Staff Pension Plan.

Thomas E. Engel, New York City (Daniel C. Walden and Hale, Russell, Gray, Seaman & Birkett, New York City, on the brief), for defendant-appellant and cross-appellee Joseph Curran.

Before TIMBERS, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

NEWMAN, Circuit Judge:

This appeal concerns the scope of the fiduciary duty imposed on union officers by § 501 of the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. § 501 (1976). James M. Morrissey and Ralph Ibrahim, members of the National Maritime Union, brought this action under § 501, alleging that the defendants — officers and an employee of the Union, including former Union President Joseph Curran — had breached...

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