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HARRINGTON v. CHAO

No. 04-1144.

372 F.3d 52 (2004)

Thomas J. HARRINGTON; Richard S. Neville; Thomas Fordham; Francis J. Ferguson; John A. Biggins; Mark J. Durkin, Plaintiffs, Appellees, Joseph D. Flemming, III, Plaintiff, v. Elaine L. CHAO, Secretary of Labor, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 21, 2004.

Attorney(s) appearing for the Case

William Kanter, with whom John S. Koppel, Appellate Staff, Civil Division, Michael J. Sullivan, U.S. Attorney, Peter D. Keisler, Assistant Attorney General, Gary K. Stearman, Senior Appellate Attorney, Department of Labor, Nathaniel I. Spiller, Deputy Associate Solicitor, Allen H. Feldman, Associate Solicitor, and Howard M. Radzely, Solicitor of Labor, were on brief, for appellant.

Michael A. Feinberg, with whom Jonathan M. Conti and Feinberg, Campbell & Zack, P.C. were on brief, for appellees.

Alan Hyde for the Association for Union Democracy, amicus curiae.

Daniel J. Hall, with whom DeCarlo, Connor, & Selvo was on brief, for the United Brotherhood of Carpenters and Joiners of America, amicus curiae.

Before TORRUELLA, LYNCH and LIPEZ, Circuit Judges.

LYNCH, Circuit Judge.

In 1996 the United Brotherhood of Carpenters (UBC) reorganized its system of local unions and state and district councils to create larger "Full Services Regional Councils." These new councils were given "all legislative and executive powers on all matters relating to the general interest and welfare of affiliated Local Unions and their members." The UBC's reorganization was largely a response to the accelerating regionalization of the construction...

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