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LOCAL 334, ETC. v. UNITED ASS'N OF JOURNEYMEN, ETC.

No. 79-2407.

669 F.2d 129 (1982)

LOCAL 334, UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPE FITTING INDUSTRY OF the UNITED STATES AND CANADA, an unincorporated association, United Association, Local 49, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, United Association, Locals 523, 124, and 84, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Intervenors, v. UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPE FITTING INDUSTRY OF the UNITED STATES AND CANADA, AFL-CIO United Association, Local 14 and United Association, Local 274, Local 334, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 19, 1982.

Attorney(s) appearing for the Case

James R. Zazzali, Francis J. Vernoia, Zazzali & Kroll, P.A., Newark, N.J., for appellant Local 334.

Donald J. Capuano, Robert Matisoff, O'Donoghue & O'Donoghue, Washington, D.C. and Richard C. Cooper, Robert S. Scavone, McCarter & English, Newark, N.J., for appellee United Association.

Timothy R. Hott, Hott, Goodman, Kropf, Margolis & Hernandez, Jersey City, N.J., for Locals 274 & 14.

Albert S. Parsonnet, Parsonnet, Duggan & Pykon, Newark, N.J., for Plumbers Local 49.

Before ADAMS, VAN DUSEN and HIGGINBOTHAM, Circuit Judges.

Submitted on Remand Under Third Circuit Rule 12(6) January 15, 1982.

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

This is an appeal from the August 20, 1979, order of the district court, dismissing plaintiff Local 334's suit challenging its consolidation with neighboring local unions for failure to exhaust its internal union remedies and, in the alternative, granting summary judgment to the defendant United Association on the issue of whether...

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