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BIRTHWRIGHT v. KARSCH

No. 75 Civ. 2310.

413 F.Supp. 119 (1976)

Leslie BIRTHWRIGHT and Theodore Smith, Plaintiffs, v. Samuel KARSCH, Individually and in his capacity as President, Local 338, Retail, Wholesale and Chain Food Store Employees Union, Defendant.

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

April 28, 1976.

Attorney(s) appearing for the Case

Gilbert A. Holmes, New York City, for plaintiffs.

Rosenman, Colin, Freund, Lewis & Cohen, New York City, for defendant; Joseph Zuckerman, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiffs purportedly commenced this action under Title I of the Labor Management Reporting and Disclosure Act,1 seeking in the main to challenge again the disqualification of L. Joseph Overton from holding office in Local 338 of the Retail, Wholesale and Chain Food Store Employees' Union.

Overton, the business agent for the union, was convicted in April 1972 for conspiracy to...

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