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CAB OPERATING CORP. v. CITY OF NEW YORK

243 F.Supp. 550 (1965)

CAB OPERATING CORP. et al., Plaintiffs, v. The CITY OF NEW YORK, Robert F. Wagner, as Mayor of the City of New York, James J. McFadden, Acting Commissioner, Department of Labor of the City of New York, Defendants.

United States District Court S. D. New York.

June 28, 1965.

Attorney(s) appearing for the Case

Nordlinger, Riegelman, Benetar & Charney, Henry G. Friedlander, New York City, for plaintiffs, David L. Benetar, Robert C. Isaacs, Sanford Browde, New York City, of counsel.

Leo A. Larkin, Corp. Counsel, City of New York, for defendants, Robert E. Hugh, Asst. Corp. Counsel, and John F. Kelly, Asst. Corp. Counsel, of counsel.

Morris J. Kaplan, New York City, for Local 826, International Brotherhood of Teamsters amicus curiae.

Donald F. Menagh, New York City, for Taxi Drivers Organizing Committee, AFL-CIO, amicus curiae.

Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Solomon I. Hirsh, George B. Driesen, Attys., N. L. R. B., amicus curiae.

FREDERICK van PELT BRYAN, District Judge.

The thirty-six plaintiffs here are fleet owners operating taxicabs in the City of New York. They have sued to enjoin the Mayor and the Acting Commissioner of Labor of the City of New York from holding an election among the employees in the New York City taxicab industry to resolve questions concerning union representation.

Plaintiffs contend that the election constitutes unwarranted and unlawful intervention by the...

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