U.S. v. INTERNATIONAL BROTH. OF TEAMSTERS

No. 689, Docket 91-6250.

968 F.2d 1506 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL-CIO; the Commission of La Cosa Nostra; Anthony Salerno, also known as Fat Tony; Matthew Ianniello, also known as Matty the Horse; Anthony Provenzano, also known as Tony Pro; Nunzio Provenzano, also known as Nunzi Pro; Anthony Corallo, also known as Tony Ducks; Salvatore Santoro; Christopher Furnari, Sr., also known as Christie Tick; Frank Manzo; Carmine Persico, also known as Junior, also known as The Snake; Gennaro Langella, also known as Gerry Lang; Philip Rastelli, also known as Rusty; Nicholas Marangello, also known as Nicky Glasses; Joseph Massino, also known as Joey Messina; Anthony Ficarotta, also known as Figgy; Eugene Boffa, Sr.; Francis Sheeran; Milton Rockman, also known as Maishe; John Tronolone, also known as Peanuts; Joseph John Aiuppa, also known as Joey O'Brien, also known as Joe Doves, also known as Joey Aiuppa; John Phillip Cerone, also known as Jackie the Lackie, also known as Jackie Cerone; Joseph Lombardo, also known as Joey the Clown; Angelo LaPietra, also known as The Nutcracker; Frank Balistrieri, also known as Mr. B; Carl Angelo DeLuna, also known as Toughy; Carl Civella, also known as Corky; Anthony Thomas Civella, also known as Tony Ripe; General Executive Board, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; Jackie Presser, General President; Weldon Mathis, General Secretary-Treasurer; Joseph Trerotola, also known as Joe T, First Vice President; Robert Holmes, Sr., Second Vice President; William J. McCarthy, Third Vice President; Joseph W. Morgan, Fourth Vice President; Edward M. Lawson, Fifth Vice President; Arnold Weinmeister, Sixth Vice President; John H. Cleveland, Seventh Vice President; Maurice R. Schurr, Eighth Vice President; Donald Peters, Ninth Vice President; Walter J. Shea, Tenth Vice President; Harold Friedman, Eleventh Vice President; Jack D. Cox, Twelfth Vice President; Don L. West, Thirteenth Vice President; Michael J. Riley, Fourteenth Vice President; Theodore Cozza, Fifteenth Vice President; Daniel Ligurotis, Sixteenth Vice President; and Salvatore Provenzano, also known as Sammy Pro, Former Vice President, Defendants, Teamsters for a Democratic Union and Teamster Rank and File Education and Legal Defense Foundation, Movants-Appellants, Michael H. Holland, Election Officer, IBT, Appellee.

United States Court of Appeals, Second Circuit.

Decided June 30, 1992.


Attorney(s) appearing for the Case

Edward T. Ferguson, III, Asst. U.S. Atty., S.D.N.Y., New York City (Otto G. Obermaier, U.S. Atty., S.D.N.Y., Richard W. Mark, Asst. U.S. Atty., S.D.N.Y., of counsel), for plaintiff-appellee.

Paul Alan Levy, Washington, D.C. (Alan B. Morrison, David C. Vladeck, Public Citizen Litigation Group, Washington, D.C., Helen Hershkoff, Steven Shapiro, American Civil Liberties Union Foundation, Daniel E. Clifton, Lewis, Greenwald, Kennedy, Lewis, Clifton & Schwartz, New York City, of counsel), for movants-appellants.

Barbara J. Hillman, John J. Sullivan, Washington, D.C., for appellee.

Susan M. Jennik, Brooklyn, N.Y., for Ass'n for Union Democracy, amicus curiae.

Before: PRATT, MAHONEY, and McLAUGHLIN, Circuit Judges.


J. DANIEL MAHONEY, Circuit Judge:

Nonparty movants-appellants Teamsters for a Democratic Union ("TDU") and Teamster Rank and File Education and Legal Defense Foundation ("TRF") appeal from an order of the United States District Court for the Southern District of New York, David N. Edelstein, Judge, entered October 4, 1991. That order denied an application by TDU and TRF for a preliminary injunction, and thereby affirmed a ruling of the Election Officer appointed...

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