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WIRTZ v. DISTRICT COUNCIL NO. 21, BRO. OF PAINTERS, ETC.

No. 30371.

211 F.Supp. 253 (1962)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor v. DISTRICT COUNCIL NO. 21, BROTHERHOOD OF PAINTERS, DECORATORS, AND PAPERHANGERS OF AMERICA (BPDP), An Unincorporated Association.

United States District Court E. D. Pennsylvania.

November 27, 1962.

Attorney(s) appearing for the Case

Joseph D. Guilfoyle, Acting Asst. Atty. Gen. and Drew J. T. O'Keefe, U. S. Atty., for appellant.

Meranze, Katz & Spear, Joseph B. Meranze, Philadelphia, Pa., for defendant.

LUONGO, District Judge.

This is an action brought by the Secretary of Labor under § 402(b) of the Labor-Management Reporting and Disclosure Act of 1959 [29 U.S.C.A. § 482 (b)], hereinafter LMRDA, to set aside an election for Secretary-Treasurer held by defendant, District Council No. 21, on June 24, 1961. Defendant Union, relying on the Seventh Amendment and Rule 38, has demanded a jury trial. Plaintiff has moved to strike this demand.

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