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PETRAMALE v. LOCAL NO. 17 OF LABORERS' INTERN. U.

No. 81 Civ. 4817.

557 F.Supp. 490 (1983)

Pasquale PETRAMALE, Plaintiff, v. LOCAL NO. 17 OF LABORERS' INTERNATIONAL UNION OF NORTH AMERICA; Laborers' International Union of North America; Anthony Galietta, Individually and as President; and Lawrence T. Diorio, Individually and as Secretary/Treasurer of Local No. 17, and Lorenzo Diorio, Defendants.

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

February 23, 1983.

Attorney(s) appearing for the Case

Hall, Clifton & Schwartz, New York City, for plaintiff; Burton H. Hall, New York City, of counsel.

Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City, for defendant Laborers' Intern. Union of North America; I. Philip Sipser, Jerome Tauber, Mary Jill Hanson, New York City, of counsel.

Rider, Drake, Sommers & Loeb, P.C., Newburgh, N.Y., for remaining defendants; Alan R. Lewis, Newburgh, N.Y., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

The defendants, the International and the Local, urge that summary judgment be granted in their favor upon the ground, among others, that plaintiff failed to exhaust available internal union remedies because he intentionally failed to appear at a rescheduled meeting on October 29, 1980, of which he had reasonable notice in advance and which meeting was scheduled because of a typographical error in setting an earlier...

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