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MAGELSSEN v. LOCAL UNION NO. 518

Civ. A. No. 14108-4.

233 F.Supp. 459 (1964)

Nils M. MAGELSSEN, Plaintiff, v. LOCAL UNION NO. 518, OPERATIVE PLASTERERS' AND CEMENT MASONS' INTERNATIONAL ASSOCIATION, Defendant.

United States District Court W. D. Missouri, W. D.

September 1, 1964.

Attorney(s) appearing for the Case

Swanson, Midgley, Jones, Blackmar & Eager, by Donald H. Loudon, Kansas City, Mo., for plaintiff.

McCullough, Parker, Wareheim & LaBunker, by M. John Carpenter, Topeka, Kan., Ben E. Pener, Kansas City, Mo., for defendant.

BECKER, District Judge.

In this civil action the plaintiff seeks relief under the Landrum-Griffin Act for wrongful expulsion from the defendant Union. This memorandum rules on plaintiff's motion for summary judgment on the sole issue of wrongful expulsion. The material facts involved in this issue are not in dispute.

Plaintiff relies on Title 29 U.S.C.A. § 411(a) (5), which reads as follows:

"Safeguards against improper disciplinary action. ...

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