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DeCARLO v. SALAMONE

No. 96-CV-6199L.

977 F.Supp. 617 (1997)

Frank DeCARLO, Plaintiff, v. Frank SALAMONE, et al., Defendants.

United States District Court, W.D. New York.

September 24, 1997.

Attorney(s) appearing for the Case

Ronald J. Passero, Passero & Meserve, Rochester, NY, for Frank DeCarlo.

William P. Smith, Jr., Woods, Oviatt, Gilman, Sturman & Clarke, Rochester, NY, Lucinda Odell Lapoff, Chamberlain & Greenfield, Rochester, NY, for Frank Salamone, John Kuitems.

William P. Smith, Jr., Woods, Oviatt, Gilman, Sturman & Clarke, Rochester, NY, Lucinda Odell Lapoff, Chamberlain & Greenfield, Rochester, NY, Mark G. Pearce, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, L.L.P., Buffalo, NY, for United Brotherhood of Carpenters and Joiners of America, Rochester Local Carpenters Local 85.

William P. Smith, Jr., Woods, Oviatt, Gilman, Sturman & Clarke, Rochester, NY, for the United Brotherhood of Carpenters and Joiners of America, AFL-CIO.

DECISION AND ORDER

LARIMER, Chief Judge.

This dispute arises out of plaintiff Frank DeCarlo's suspension from the United Brotherhood of Carpenters and Joiners of America, Rochester Local 85 ("Local 85"). DeCarlo asserts that Local 85 and two of its officers violated his "free speech" rights guaranteed by Section 101(a)(2) of the Labor Management Reporting and Disclosure Act of 1959 ("LMRDA"), as well as his right to a "full and fair hearing", guaranteed...

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