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SCHONFELD v. RAFTERY

No. 70 Civ. 2544.

335 F.Supp. 846 (1971)

Frank SCHONFELD, individually and as Secretary-General of District Council 9, International Brotherhood of Painters & Allied Trades, AFL-CIO, Plaintiff, v. S. Frank RAFTERY, as President of the International Brotherhood of Painters & Allied Trades, AFL-CIO, et al., Defendants.

United States District Court, S. D. New York.

October 5, 1971.

Attorney(s) appearing for the Case

Martin Raphael, Long Island City, N. Y., for plaintiff.

Vladeck, Elias, Vladeck & Lewis, New York City, for defendants; Stephen C. Vladeck, Allan M. Frost, New York City, of counsel.

MEMORANDUM

LASKER, District Judge.

In this action seeking declaratory and injunctive relief under § 101(a) of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C.A. § 411 (a) ["LMDRA"], defendants Raftery and Di Silvestro move to dismiss the complaint on the grounds that (1) the court lacks subject matter jurisdiction, (2) the plaintiff fails to state a claim upon which relief can be granted, (3) plaintiff has failed to join an...

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