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PAINTERS U. LOCAL NO. 127 v. DISTRICT COUNCIL OF PAINTERS, NO. 16

Nos. 45284, 45283.

278 F.Supp. 830 (1968)

PAINTERS UNION LOCAL NO. 127 et al., Plaintiffs, v. DISTRICT COUNCIL OF PAINTERS, NO. 16 et al., Defendants. Ted CARTY et al., Plaintiffs, v. DISTRICT COUNCIL OF PAINTERS, NO. 16, etc., et al., Defendants.

United States District Court N. D. California.

January 24, 1968.

Attorney(s) appearing for the Case

Francis J. McTernan, Garry, Dreyfus, McTernan & Brotsky, San Francisco, Cal., for plaintiffs.

Phillip J. Smith, Smith, Parrish, Paduck & Clancy, Oakland, Cal., for defendants.

MEMORANDUM OPINION AND ORDER ENJOINING COLLECTION OF DUES

ZIRPOLI, District Judge.

Plaintiffs—local unions and union members—seek to enjoin the defendants from enforcing certain dues increases approved by the District Council of Painters No. 16 in 1966. Plaintiffs assert that the increases are illegal because not consonant with 29 U.S.C. § 411(a) (3), in that the members did not approve the increases by secret ballot. The case was heard...

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