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MEMBERS FOR A BETTER UNION v. BEVONA

No. 1836, Dockets 97-9591, 98-7129 and 98-7139.

152 F.3d 58 (1998)

MEMBERS FOR A BETTER UNION; Carlos Guzman; Dominick Bentivenga and Frank Colon, Plaintiffs-Appellees, v. Gus BEVONA, as President of Local 32B-32J, Service Employees International Union, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 15, 1998.

Attorney(s) appearing for the Case

Franklin K. Moss, New York City (Spivak, Lipton, Watanabe, Spivak & Moss LLP, on the brief), for Defendant-Appellant.

Arthur Z. Schwartz, New York City (Lauren Esposito, Kennedy, Schwartz & Cure, on the brief), for Plaintiffs-Appellees.

(Alan Hyde, Rutgers University School of Law, Newark, NJ, Clyde W. Summers, University of Pennsylvania Law School, Philadelphia, PA, for amicus curiae Association for Union Democracy, Inc.)

(Douglas Donald Menagh, Menagh, Trainor, Mundo & Falcone, P.C., New York City, General Counsel, New York City Central Labor Council, for amicus curiae New York City Central Labor Council.)

Before: VAN GRAAFEILAND, JACOBS, and LAY, Circuit Judges.

Judge VAN GRAAFEILAND dissents in a separate opinion.

JACOBS, Circuit Judge:

Defendant Gus Bevona, president of a union local, appeals from four orders of the United States District Court for the Southern District of New York (Owen, J.) entered to promote the fairness of the membership's vote on constitutional amendments proposed by the plaintiff union members. The first of the four orders prescribed the date, time, location, and procedure for the vote...

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