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DONOVAN v. AIR TRANSPORT, DISTRICT LODGE NO. 146

No. 84-1043.

754 F.2d 621 (1985)

Ray DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. AIR TRANSPORT, DISTRICT LODGE NO. 146, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 8, 1985.

Attorney(s) appearing for the Case

Margrit Vanderryn, Dept. of Labor, Washington, D.C., for plaintiff-appellant.

George H. Tucker, Miami, Fla., Jos. P. Manners, Washington, D.C., for defendant-appellee.

Before GEE, WILLIAMS and JOLLY, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

The Secretary of Labor challenges the district court's conclusion that he lacked authority to prosecute alleged violations of the Labor Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. §§ 401-531 (1976), related to a union election. The district court concluded that inquiry into some of the election irregularities was beyond the scope of the Secretary's investigatory and prosecutorial authority. These irregularities...

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