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U.T.B., ETC. v. LOCAL #3, ETC.

No. 79 Civ. 4663.

512 F.Supp. 298 (1981)

U.T.B., UNITED THIRD BRIDGE, INC., Individually and on behalf of its members, Samuel Lopez and Charles Calloway, Individually and on behalf of all others similarly situated, Plaintiffs, v. LOCAL # 3, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, NEW YORK STATE AFL-CIO, Building and Construction Trades Council of Greater New York, N.Y.C. Central Labor Council, AFL-CIO, E.E.O.C., U. S. Department of Health, Education and Welfare, Office of Civil Rights, Region 2, O.S.H.A., National Labor Relations Board, Region 2, Secretary of the State of New York, New York State Division of Human Rights, New York State Department of Labor, New York State Department of Labor Industrial Board of Appeals, McNutt Electric Company, L. K. Comstock Electrical Company, Wade Electric Contracting Co. Inc., Lowy and Donnath, Inc., Thomas Van Arsdale, Raymond R. Corbett, Peter J. Brennan, Edward J. Cleary, Harry Van Arsdale, Jr., Winifred D. Morio, "John" Conrad, "John" Greenfield, Phillip Ross, Werner H. Kramarsky, Robert Chrony, James McCarren, Carmine Sciolto, Defendants.

United States District Court, S. D. New York.

April 20, 1981.

Attorney(s) appearing for the Case

Silvera, Brooks & Latimer, New York City, for plaintiffs; Colin A. Moore, New York City, of counsel.

Norman Rothfeld, New York City, for defendants Local No. 3, Intern. Broth. of Elec. Workers and Thomas Van Arsdale.

OPINION

FINDINGS OF FACT AND CONCLUSIONS OF LAW

EDWARD WEINFELD, District Judge.

After a careful review of this Court's trial notes and an appraisal of the demeanor of the witnesses, the Court finds that the plaintiffs not only have failed to sustain their burden of proof but that the evidence preponderates heavily against each asserted claim.

This action centers about alleged discrimination against black and Puerto Rican members of Local...

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