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KERR v. SCREEN EXTRAS GUILD, INC.

No. 25467.

466 F.2d 1267 (1972)

Ed KERR, Plaintiff-Appellant, v. SCREEN EXTRAS GUILD, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied November 3, 1972.

Attorney(s) appearing for the Case

Richard A. Perkins (argued), Los Angeles, Cal., for plaintiff-appellant.

Robert W. Gilbert (argued), of Gilbert & Nissen, Beverly Hills, Cal., for defendant-appellee.

Before DUNIWAY and HUFSTEDLER, Circuit Judges, and MURPHY, District Judge.

Rehearing and Rehearing In Banc Denied November 3, 1972.

DUNIWAY, Circuit Judge:

Kerr, a member of defendant Screen Extras Guild, Inc., a labor organization, appeals from the district court's dismissal of his action under 29 U.S.C. §§ 412 and 529. We reverse.

The following facts are not in dispute: Kerr was an unsuccessful candidate for the presidency of the Guild in December 1968. On May 12, 1969, Daily Variety, a

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