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TILE, MARBLE, TERRAZZO, ET AL. v. TILE, MARBLE, TERRAZZO, HELPERS AND FINISHERS LOCAL 32

Nos. 89-1540, 89-1547.

896 F.2d 1404 (1990)

TILE, MARBLE, TERRAZZO, FINISHERS, SHOPWORKERS AND GRANITE CUTTERS INTERNATIONAL UNION AFL-CIO, and Tile Finishers, Local 32, a/w Tile, Marble, Terrazzo, Finishers, Shopworkers and Granite Cutters International Union, AFL-CIO, By and Through its Trustee, Fiano, Frank United Brotherhood of Carpenters and Joiners of America v. TILE, MARBLE, TERRAZZO, HELPERS AND FINISHERS LOCAL 32, a/w Bricklayers and Allied Crafts International Union and Tile, Marble, Terrazzo, Helpers and Finishers Local 32, a/w Tile, Marble, Terrazzo, Finishers, Shopworkers and Granite Cutters International Union, AFL-CIO, Rubino, Joseph, President, Cianciaralo, Benjamin, Vice President, Tamburine, Nazzaremo, a/k/a Tamburini, Ned, Financial Secretary/Business Agent, Chiulli, John, Treasurer/Business Agent, Waldron, Wayne, Recording Secretary. Appeal of TILE, MARBLE, TERRAZZO, SHOPWORKERS AND GRANITE CUTTERS INTERNATIONAL UNION, AFL-CIO and Tile Finishers Local 32, by and through its Trustee, Frank Fiano. Appeal of TILE, MARBLE, TERRAZZO, HELPERS AND FINISHERS LOCAL 32, a/w Bricklayers and Allied Crafts International Union, Joseph Rubino, Benjamin Cianciaralo, Ned Tamburini, John Chiulli and Wayne Waldron.

United States Court of Appeals, Third Circuit.

Decided February 23, 1990.

Rehearing and Rehearing Denied April 9, 1990.

Attorney(s) appearing for the Case

Thomas W. Jennings, Thomas H. Kohn (argued), Sagot, Jennings & Sigmond, Philadelphia, Pa., Joseph J. Pass, Jubelirer, Pass & Intrieri, Pittsburgh, Pa., for appellants in No. 89-1547, Tile, Marble, Terrazzo, Shopworkers and Granite Cutters International Union, AFL-CIO and Tile Finishers Local 32, by and through its Trustee, Frank Fiano.

Robert M. Abramson (argued), Abrams, Abramson & Tabb, Philadelphia, Pa., for appellants in No. 89-1540, Tile, Marble, Terrazzo, Helpers and Finishers Local 32, a/w Bricklayers and Allied Crafts International Union, Joseph Rubino, Benjamin Cianciaralo, Ned Tamburini, John Chiulli and Wayne Waldron.

Before HUTCHINSON, COWEN and WEIS, Circuit Judges.

Rehearing and Rehearing In Banc Denied April 9, 1990.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal arises out of an attempt by the members of a local union to resign from their parent organization and join a competing union. The parent's response to the mass resignation was to impose a trusteeship on the local. When the former officers of the local refused to comply with the trustee's directions the parent and the trustee brought suit in...

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