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MARTINEZ v. AMERICAN FEDERATION OF GOV. EMP.

No. 91-5615.

980 F.2d 1039 (1993)

Ramiro M. MARTINEZ, Individually and as President of American Federation of Government Employees, Local 1617, Plaintiff-Appellant, v. The AMERICAN FEDERATION of GOVERNMENT EMPLOYEES, et al., Defendants-Appellees, and Robert Guttman, U.S. Dept. of Labor, etc., Intervenor-Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 12, 1993.

Attorney(s) appearing for the Case

Manuel Escobar, Jr., San Antonio, Tex., for plaintiff-appellant.

Ann Wagner, Charles A. Hobbie, Mark D. Roth, Amer. Federation of Government Empl., AFL-CIO, Washington, D.C., for AFGE.

Steven J. Mandel, Deputy Assoc. Sol., Mark S. Flynn, Atty., Allen H. Feldman, Assoc. Sol., U.S. Dept. of Labor, Washington, D.C., Jack B. Moynihan, Asst. U.S. Atty., San Antonio, Tex., for Dept. of Labor.

Before BRIGHT, JOLLY, and BARKSDALE, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The sole question with which we are presented is whether the federal courts have subject matter jurisdiction over this dispute. Ramiro M. Martinez, a federal employee, and a member of the American Federation of Government Employees ("AFGE"), sued it under the Labor-Management Reporting and Disclosure Act ("LMRDA") because it had removed him from office in his local union. The LMRDA grants federal courts jurisdiction over disputes between...

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