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DONOVAN v. HOTEL, MOTEL & RESTAURANT EMPLOYEES

No. 82-4030.

700 F.2d 539 (1983)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. HOTEL, MOTEL AND RESTAURANT EMPLOYEES AND BARTENDERS UNION, LOCAL 19, HOTEL AND RESTAURANT EMPLOYEES AND BARTENDERS INTERNATIONAL UNION, AFL-CIO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 28, 1983.

Attorney(s) appearing for the Case

Barry Jellison, David, Crowell & Bowe, San Francisco, Cal., for defendant-appellant.

Helene Boetticher, Washington, D.C., for plaintiff-appellee.

Before CHOY, SNEED and FARRIS, Circuit Judges.

CHOY, Circuit Judge:

A union appeals from a district court order that it conduct a removal proceeding against one of its officers under the supervision of the Secretary of Labor. We reverse.

I

On June 1, 1978, Frank C. Marolda, president and business manager of Hotel, Motel and Restaurant Employees and Bartenders Union, Local 19 ("Local 19") was indicted on 33 counts of mail fraud and one count of embezzling union funds, 29 U.S.C. § 501(c)....

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