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TYREE v. EDWARDS

Nos. J-18-67, J-19-67.

287 F.Supp. 589 (1968)

William TYREE, Clark Ingram, James O. Green, Kenneth E. Wright, Donald E. Conner, Arlin A. DeChaney and International Union of Operating Engineers, Local 302, AFL-CIO, a labor union, Plaintiffs, and National Labor Relations Board, Plaintiff-intervenor, v. G. Kent EDWARDS, Attorney General of the State of Alaska; Thomas J. Moore, Commissioner of Labor of the State of Alaska; and Walter J. Hickel, Governor of the State of Alaska, Defendants. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 302, AFL-CIO, a labor union, Plaintiff, v. The ALASKA CHAPTER OF ASSOCIATED GENERAL CONTRACTORS OF AMERICA, INC., an employer, Defendant, and State of Alaska, Defendant-intervenor.

United States District Court D. Alaska.

August 1, 1968.

Attorney(s) appearing for the Case

R. Bocchever, Faulkner, Banfield, Boochever & Doogan, Juneau, Alaska, and J. Duane Vance (of Vance, Davies, Roberts & Bettis), Seattle, Wash., for plaintiffs.

Laurence H. Silberman, N. L. R. B., Washington, D. C., for plaintiff-intervenor.

G. Kent Edwards, Atty. Gen., for the State of Alaska, Juneau, Alaska, and Edgar Paul Boyko, Anchorage, Alaska, Special Counsel for State of Alaska, Boyko & Richey, Anchorage, Alaska, for defendants.

Before ELY, Circuit Judge, and PLUMMER and VON DER HEYDT, District Judges.

VON DER HEYDT, District Judge:

Plaintiffs seek a declaratory judgment decreeing Alaska's "Local Union Autonomy Act", as amended, to be unconstitutional, and a permanent injunction restraining enforcement thereof.

The causes have been consolidated by order of the Court for all proceedings subsequent to March 27, 1968. Prior to consolidation, an identical three judge district court, as provided by Title 28, U.S.C., Sec. 2284, had been designated by the Chief...

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