IBB v. LOCAL LODGE D129

No. 1269, Docket 90-7079.

910 F.2d 1056 (1990)

INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS, BLACKSMITHS, FORGERS AND HELPERS, AFL-CIO; Robert Simmons, as International Trustee of Local Lodge D129 of the Cement, Lime, Gypsum and Allied Workers Division of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO, Plaintiffs-Appellees, v. LOCAL LODGE D129 OF the CEMENT, LIME, GYPSUM AND ALLIED WORKERS DIVISION OF THE INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS, BLACKSMITHS, FORGERS AND HELPERS, AFL-CIO; Gerard M. Sapunarich, Individually, and as President of Local Lodge D129; Vincent A. Notabartolo, Individually, and as Recording Secretary of Local Lodge D129; and Floyd Falk, Individually, and as Secretary/Treasurer of Local Lodge D129, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 9, 1990.


Attorney(s) appearing for the Case

Bernard N. Katz, Philadelphia, Pa. (Robert G. Rothstein, Meranze and Katz, Philadelphia, Pa., Paul M. Collins, Hinman, Straub, Pigors and Manning, Albany, N.Y., of counsel), for defendants-appellants.

Michael J. Stapp, Kansas City, Kan. (Blake & Uhlig, Kansas City, Kan., Bruce Bramley, Pozefsky, Bramley & Murphy, Albany, N.Y., of counsel), for plaintiffs-appellees.

Before VAN GRAAFEILAND, MESKILL and WALKER, Circuit Judges.


MESKILL, Circuit Judge:

This is an appeal from an order of the United States District Court for the Northern District of New York, Cholakis, J., granting plaintiffs-appellees' motion for a preliminary injunction enforcing trusteeship on Local Lodge D129 pursuant to section 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185(a). The question presented on appeal is whether the trusteeship was established in accordance with Section 302 of the Landrum...

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