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DONOVAN v. LOCAL UNION 70, INTERN. BROTH., ETC.

Nos. 79-4718, 80-4208.

661 F.2d 1199 (1981)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, and Marvin A. Kaylor and Joseph J. Jelincic, Plaintiffs in Intervention/Appellees, v. LOCAL UNION 70, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN, AND HELPERS OF AMERICA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 20, 1981.

Attorney(s) appearing for the Case

Duane B. Beeson, Beeson, Tayer, Kovach & Silbert, San Francisco, Cal., for Local No. 70.

Karen Handorf, Washington, D. C., argued, for plaintiff-appellee; Daniel W. Teehan, Regional Sol., San Francisco, Cal., on brief.

Daniel M. Siegel, Siegel, Meyers, Taub, Siegel & Friedman, Oakland, Cal., argued, for Marvin A. Kaylor; Marcia Meyers, Oakland, Cal., on brief.

Before KILKENNY and SNEED, Circuit Judges, and PANNER, District Judge.

SNEED, Circuit Judge:

Local 70, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Union), appeals from two orders of the district court. The first is in favor of the Secretary of Labor (Secretary) and requires a new union presidential election to be held because of a violation of Section 401(g) of the Labor Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. § 481(g).1 The second order...

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