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U.S. v. INTERNATIONAL BROTH. OF TEAMSTERS

No. 1140, Docket 92-6254.

998 F.2d 1101 (1993)

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 The Snake, also known as Junior; 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 Aiuppa, also known as Joe Doves, also known as Joey O'Brien; John Phillip Cerone, also known as Jackie Cerone, also known as Jackie the Lackie; Joseph Lombardo, also known as Joey the Clown; Angelo Lapietra, also known as Nutcracker, The; 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; Salvatore Provenzano, also known as Sammy Pro, Former Vice President, Defendants, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 15, 1993.

Attorney(s) appearing for the Case

Steven C. Bennett, Asst. U.S. Atty. (Mary Jo White, U.S. Atty. for the S.D.N.Y., Christine H. Chung, Gabriel W. Gorenstein, Asst. U.S. Attys., of counsel), for appellee.

Richard M. Seltzer (Richard N. Gilberg, Stephen Presser, Cohen, Weiss & Simon, New York City, Earl V. Brown, Jr., Washington, DC, of counsel) for defendant-appellant.

Andrew D. Roth, (Bredhoff & Kaiser, Washington, DC, Walter Kamiat, Laurence Gold, Washington, DC, of counsel) filed a brief amicus curiae on behalf of AFL-CIO.

Before MAHONEY, WALKER, Circuit Judges, and SAND, District Judge.

WALKER, Circuit Judge:

In this interlocutory appeal we are asked to review rules governing the operation of an Independent Review Board ("IRB") established pursuant to the Consent Decree entered into between the government and the defendants in this action. The Consent Decree established the IRB to oversee the eradication of corruption in the International Brotherhood of Teamsters (the "IBT") in the Consent Decree's final phase. The IBT appeals from an order of the...

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