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BROCK v. INTERN. UNION OF OPERATING ENGINEERS

No. 84-5130.

790 F.2d 508 (1986)

William BROCK, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 369, AFL-CIO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 13, 1986.

Attorney(s) appearing for the Case

Raymond J. Donovan, Secretary, U.S. Dept. of Labor, Atlanta, Ga., William H. Berger, Atty., W. Hickman Ewing, Jr., U.S. Atty., Memphis, Tenn., W. James Ellison, Donald D. Carter, Jr. (argued), U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellant.

Tim Edward, Lynn Agee, Berber, Berber & Agee, Memphis, Tenn., Deborah Godwin (argued) for defendant-appellee.

Before ENGEL and KENNEDY, Circuit Judges, and NEESE, Senior District Judge.

ENGEL, Circuit Judge.

The Secretary of Labor appeals from a judgment entered in favor of the International Union of Operating Engineers, Local Union 369, AFL-CIO in the Secretary's action brought under Title IV of the Labor Management Reporting and Disclosure Act of 1959 (LMRDA). 29 U.S.C. § 401 et seq., to set aside an election of officers conducted by the Union on August 11, 1981, insofar as it affected the election for the offices of business agent...

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