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SCHONFELD v. WIRTZ

No. 66 Civ. 558.

258 F.Supp. 705 (1966)

Frank SCHONFELD, Individually and on behalf of all other members of Local Union 1011, Brotherhood of Painters, Decorators and Paperhangers of America, similarly situated, Plaintiff, v. W. Willard WIRTZ, Secretary of Labor of the United States of America, Defendant.

United States District Court S. D. New York.

September 16, 1966.

Attorney(s) appearing for the Case

Burton H. Hall, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, for defendant; Arthur S. Olick, Asst. U. S. Atty., of counsel.

OPINION

McLEAN, District Judge.

This is an action by a member of a local union to compel the Secretary of Labor to institute suit under 29 U.S.C. § 482 to set aside a union election. Defendant moves under Rule 12(b) to dismiss the action on the grounds that the court lacks jurisdiction of the subject matter and that the complaint fails to state a claim. The allegations of the complaint, which must be taken as true for the purposes of this motion, may...

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