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UNITED UNION OF ROOFERS, ETC., NO. 33 v. MEESE

No. 86-1945.

823 F.2d 652 (1987)

UNITED UNION OF ROOFERS, WATERPROOFERS AND ALLIED WORKERS, UNION NO. 33, Plaintiffs, Appellants, v. Edwin MEESE, Attorney General of the United States of America, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 29, 1987.

Attorney(s) appearing for the Case

Michael A. Feinberg with whom Aaron D. Krakow and Feinberg & Feld, P.C., were on brief for plaintiffs, appellants.

Laurence Gold, David Silberman, Laurence J. Cohen, Robert M. Weinberg, Mark D. Schneider, on brief for American Federation of Labor and Congress of Indus. Organizations, The Building and Const. Trades Dept., AFL-CIO, The Massachusetts AFL-CIO, and the Massachusetts State Building and Const. Trades Council, amici curiae.

Elisa B. Vela, Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Robert S. Mueller, III, U.S. Atty., John F. Cordes, and Gerald Toner, U.S. Dept. of Justice, were on brief for defendants, appellees.

Before CAMPBELL, Chief Judge, BREYER and SELYA, Circuit Judges.

BREYER, Circuit Judge.

A federal statute disqualifies from holding union office persons convicted of any one of a set of specifically listed crimes. The list includes such serious crimes as murder, bribery, embezzlement, arson, and (relevant here) "assault which inflicts grievous bodily injury." 29 U.S.C. § 504 (Supp. II 1984). In 1983, Harold Lynch, the business manager of the Roofers, Waterproofers, and Allied Workers Local Union No. 33, attended a Union Executive...

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