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ARNOLD v. DISTRICT COUNCIL NO. 9, ETC.

No. 76 CIV. 2816.

423 F.Supp. 861 (1976)

Frank F. ARNOLD, Plaintiff, v. DISTRICT COUNCIL NO. 9, INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES and International Brotherhood of Painters and Allied Trades, AFL-CIO, Defendants, and Paperhangers Local Union 490 of the International Brotherhood of Painters and Allied Trades, Petitioner to Intervene.

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

December 13, 1976.

Attorney(s) appearing for the Case

Dillon & O'Brien by James P. McGarry, Stephen Rauch, New York City, for plaintiff.

Vladeck, Elias, Vladeck & Lewis by Stephen C. Vladeck, Sheldon Engelhard, Robert L. Jauvtis, New York City, for defendant International.

Michael F. Dennis, Garden City, N. Y., for defendant District Council No. 9.

Burton Hall, New York City, for petitioner.

MEMORANDUM OPINION

MOTLEY, District Judge.

The plaintiff, Frank F. Arnold ("Arnold") seeks an injunction permanently enjoining Local Union 490 from electing its business representative so long as an "unqualified" candidate remains on the ticket. A show cause order was signed on June 25, 1976 which temporarily enjoined the election scheduled for the next day. Argument was heard on the injunction on July 1st and...

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