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FIGUEROA v. NATIONAL MARITIME UNION OF AMERICA, AFL-CIO

198 F.Supp. 946 (1961)

Joaquin FIGUEROA, Ramon Pabon, and Jose Reyes, Plaintiffs, v. NATIONAL MARITIME UNION OF AMERICA, AFL-CIO, Defendant.

United States District Court S. D. New York.

March 21, 1961.

Attorney(s) appearing for the Case

Robert M. Zweiman, New York City, for plaintiffs.

Cooper, Ostrin & De Varco, New York City, for defendant. Herman E. Cooper, H. Howard Ostrin, Ronald J. Brooks, New York City, of counsel.

SUGARMAN, District Judge.

The plaintiffs herein, members of the defendant union, filed an amended complaint in this court claiming that the union's refusal to register or refer them for employment constituted a fine, suspension, expulsion or discipline except for non-payment of the dues, in violation of Public Law 86-257, § 101(a) (5), 29 U.S. C.A. § 411(a) (5).

Defendant now moves to dismiss that amended complaint upon the grounds that

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