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WIRTZ v. LOCAL UNION NO. 125, INT. HOD CARRIERS' B. & C. L. U.

Civ. A. No. C 64-99.

270 F.Supp. 12 (1966)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff, v. LOCAL UNION NO. 125, INTERNATIONAL HOD CARRIERS' BUILDING AND COMMON LABORERS' UNION OF AMERICA, Defendant.

United States District Court N. D. Ohio, E. D.

April 1, 1966.

Attorney(s) appearing for the Case

John W. Douglas, Asst. Atty. Gen., Merle M. McCurdy, U. S. Atty., Harland F. Leathers, Atty., Dept. of Justice, Charles Donahue, James R. Beaird, Washington, D. C., Aaron A. Caghan, William Kloepfer, Ortha Barr, Jr., Nick Spoke, Cleveland, Ohio, for plaintiff.

Mortimer Riemer, Cleveland, Ohio, for defendant.

MEMORANDUM OPINION

BATTISTI, District Judge.

On June 8, 1963, defendant held a general election of officers. In this election the vote for the office of Business Representative resulted in a tie between two of the three candidates, those two being Cecil Dial and Andrew E. Jackson. On July 13, 1963, defendant held a run-off election for the office of Business Representative. In the run-off election Andrew E. Jackson received 198 votes, Cecil Dial received...

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