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DONOVAN v. LOCAL 3122, COMMUNICATION WORKERS OF AM.

Nos. 82-6116, 83-5177.

740 F.2d 860 (1984)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. LOCAL 3122, COMMUNICATION WORKERS OF AMERICA, AFL-CIO, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 30, 1984.

Attorney(s) appearing for the Case

Melvia L. Bailey, Asst. U.S. Atty., Miami, Fla., Dennis A. Paquette, Helene Boetticher, Div. of Labor Management Law, Dept. of Labor, Washington, D.C., William H. Berger, Dept. of Labor, Atlanta, Ga., for plaintiff-appellant.

Manners, Tucker, Carrillo & Damoorgian, P.A., George H. Tucker, Miami, Fla., for defendant-appellee.

Before HENDERSON and CLARK, Circuit Judges, and ATKINS, District Judge.

CLARK, Circuit Judge:

The plaintiff Secretary of Labor appeals from an order of the District Court for the Southern District of Florida, granting the defendant union's motion to dismiss. We reverse.

This case involves the application of § 402(a) of the Labor Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. § 482. The statute provides in relevant part:

(a) A member of a labor organization...

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