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USERY v. DIST. NO. 22, U. M. W. OF AMERICA

No. 76-1819.

567 F.2d 972 (1978)

W. J. USERY, Jr., Secretary of Labor, UNITED STATES Department of Labor, Plaintiff-Appellee, v. DISTRICT NO. 22, UNITED MINE WORKERS OF AMERICA, Defendant-Appellee, and International Union, United Mine Workers of America, Intervenor-Defendant-Appellee, and Frank M. Stevenson, Intervenor-Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided January 3, 1978.

Attorney(s) appearing for the Case

Paul Blankenstein, Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C. (William J. Kilberg, Sol. of Labor, Beate Bloch, Associate Sol., Dedrick A. Housh, Regional Sol., Kansas City, Mo., Henry C. Mahlman, Associate Regional Sol., Thomas E. Korson, Denver, Colo., and Marshall A. Deutsch, Dept. of Labor, Washington, D. C., Rex E. Lee, Asst. Atty. Gen., Ramon M. Child, U. S. Atty., Salt Lake City, Utah, William Kanter and Paul Blankenstein, Attys., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., on the brief), for plaintiff-appellee.

Harrison Combs, United Mine Workers of America, and Joseph A. Yablonski and Daniel B. Edelman, Yablonski, Both & Edelman, Washington, D. C., for appellee International Union, United Mine Workers of America.

Elwood P. Powell, of Christensen, Gardiner, Jensen & Evans, Salt Lake City, Utah (Robert Cadeaux, Washington, D. C., on the brief), for intervenor-defendant-appellant.

Before SETH, Chief Judge, and McWILLIAMS and DOYLE, Circuit Judges.

DOYLE, Circuit Judge.

The question presented in this case is whether, following a union election for the office of International Executive Board Member for District No. 22, United Mine Workers of America and the setting aside of the election and the ordering of a new election following a suit by the Secretary of Labor, the deposed candidate who had originally prevailed but who lost in the subsequent special election which was supervised by the Secretary, is entitled...

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