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BERNARD v. LOCAL 100, TRANSPORT WORKERS UNION

No. 1328, Docket 96-9235.

112 F.3d 67 (1997)

Carlyle BERNARD and John Simino, Plaintiffs-Appellants, v. LOCAL 100, TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 23, 1997.

Attorney(s) appearing for the Case

Arthur Z. Schwartz, Kennedy, Schwartz & Cure, P.C. (Arthur Z. Schwartz and Lauren Esposito, of counsel), New York City, for Plaintiffs-Appellants.

Manlio Di Preta, O'Donnell, Schwartz, Glanstein & Rosen (David Rosen, of counsel), New York City, for Defendent-Appellee.

Before: WINTER, CABRANES, and PARKER, Circuit Judges.

PER CURIAM:

Appellants Carlyle Bernard and John Simino are members of the Coney Island Overhaul Section of the Car Maintenance Division of Local 100, Transport Workers Union of America, AFL-CIO. Simino nominated Bernard for election to the Section's position of Recording Secretary. However, Bernard was denied a place on the ballot because of a union by-law that requires candidates running for Section or Division office to have attended at least five (5) or fifty percent...

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