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  5. 741 F.Supp. 491 (1990)
 

JOINT COUNCIL 73 v. INTERN. BROTH. OF TEAMSTERS

90 Civ. 1475 (DNE).

741 F.Supp. 491 (1990)

JOINT COUNCIL 73, et al., Plaintiff, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA and Charles M. Carberry, Investigations Officer, Defendants.

United States District Court, S.D. New York.

July 23, 1990.

Attorney(s) appearing for the Case

Charles M. Carberry, Investigations Officer, New York City (Robert W. Gaffey, of counsel).

Guazzo, Perelson, Rushfield & Guazzo, New York City (Mark C. Rushfield, Caesar C. Guazzo, Delia M. Guazzo, of counsel), for Joint Council 73 and Local 641.

MEMORANDUM AND ORDER

EDELSTEIN, District Judge:

Plaintiff filed this action, related to United States v. International Brotherhood of Teamsters, 88 Civ. 4486 (DNE) (the "underlying suit") seeking injunctive and declaratory relief. Defendant Carberry moved to dismiss the complaint pursuant to Fed.R. Civ.Pro. 12(b)(6). For reasons to be discussed below, defendant's motion is granted.

I. Background...

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