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U.S. v. INTERNATIONAL BROTH. OF TEAMSTERS

No. 1453, Docket 95-6248.

86 F.3d 271 (1996)

UNITED STATES of America, Plaintiff-Appellee, Election Officer, 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 know as Tony Ducks; Salvatore Santoro, also known as Tom Mix; 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 know 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; Salvatore Provenzano, Former Vice President, also known as Sammy Pro, Defendants, Teamsters Local 1150, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 13, 1996.

Attorney(s) appearing for the Case

Patrick J. Szymanski, Baptiste & Wilder, Washington, D.C. (Robert M. Baptiste, of counsel) for Appellant.

Karen B. Konigsberg, Assistant United States Attorney, Southern District of New York, New York City (Mary Jo White, United States Attorney, Steven M. Haber, Assistant United States Attorney, of counsel) for Plaintiff-Appellee.

Theodore M. Lieverman, Tomar, Simonoff, Adourian, O'Brien, Kaplan, Jacoby & Graziano, Haddonfield, New Jersey (Robert F. O'Brien, of counsel) for Appellee the Election Officer.

Before WINTER, JACOBS and CALABRESI, Circuit Judges.

WINTER, Circuit Judge:

This is another appeal arising from the 1989 Consent Decree between the government and the International Brotherhood of Teamsters ("IBT"). Teamsters Local 1150 appeals from Judge Edelstein's approval of rules governing the 1996 election of delegates to the IBT Convention and of IBT officers. The principal issue is whether a rule requiring a court-appointed officer to review and approve all Union-financed publications prior to distribution during...

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