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DONOVAN v. MO. PAC. SYSTEM FED. JOINT PROTECTIVE BD.

No. 83-2329.

737 F.2d 445 (1984)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. MISSOURI PACIFIC SYSTEM FEDERATION JOINT PROTECTIVE BOARD OF THE BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, AFL-CIO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 11, 1984.

Attorney(s) appearing for the Case

Bob Wortham, U.S. Atty., Tyler, Tex., William Cornelius, Asst. U.S. Atty., Tyler, Tex., James E. White, Reg. Sol., Dept. of Labor, Dallas, Tex., Stanford Dubin, Atty., U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellant.

Mullinax, Wells, Baab & Cloutman, Louis P. Malone, III, Sanford R. Denison, Dallas, Tex., for defendant-appellee.

Before TIMBERS, POLITZ and RANDALL, Circuit Judges.

TIMBERS, Circuit Judge:

The Secretary of Labor commenced this action in the Eastern District of Texas alleging violation of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. § 481 et seq. (1982), and seeking to void the last election of the officers of appellee Brotherhood of Maintenance of Way Employees (Union) which was held July 28, 1980. The Secretary contends that the election was...

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