HODGSON v. LIQUOR SALESMEN'S U. LOC. NO. 2 OF STATE OF N. Y.

No. 1070, Docket 71-1614.

444 F.2d 1344 (1971)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Appellee, v. LIQUOR SALESMEN'S UNION LOCAL NO. 2 OF the STATE OF NEW YORK, DISTILLERY, RECTIFYING, WINE & ALLIED WORKERS' INTERNATIONAL UNION OF AMERICA, AFL-CIO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 8, 1971.


Attorney(s) appearing for the Case

Andrew T. McEvoy, Jr., New York City (Schulman, Abarbanel, Perkel & McEvoy, and Bertram Perkel, New York City, on the brief), for defendant-appellant.

Allan B. Morrison, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., Daniel Riesel, Asst. U. S. Atty., New York, N. Y., and Edward F. Beane, Atty., Dept. of Labor, Washington, D. C., on the brief), for appellee.

Before FEINBERG and MANSFIELD, Circuit Judges, and BARTELS, District Judge.


MANSFIELD, Circuit Judge:

In this action begun by the Secretary of Labor ("Secretary" herein) pursuant to Title IV, § 402, of the Labor-Management Reporting and Disclosure Act of 1959, 73 Stat. 534, 29 U.S.C. § 482 ("the Act" herein), attacking an election of officers of defendant ("the Union" herein) held on January 9, 1970, the Union appeals from an order of the district court setting aside the election on the ground that the Union violated § 401...

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