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CUNNINGHAM v. LOCAL 30, OPERATING ENGINEERS

No. 99 Civ. 10965(MBM).

234 F.Supp.2d 383 (2002)

Scott CUNNINGHAM, Richard Egan, James McNally, Charles Abruzzo, Kenneth Brengel, Anthony Colazzo, Anthony Calvanico, Vincent Campisi, Joseph Cartolano, Edward Chapman, William Cullen Jr., Angelo DeVito, Kerry Dickens, Ronald Dirks, Kenneth Egan, John Gilmour, Josephus Greenidge, John Hawkins, Richard Joyce, William Kay, John Mauriello, Robert McLaughlin, Robert Molloy, Roy Montgomery, Dennis Moynihan, Roland Ng, Richard Oertle, Walter Rau, Louis Riconda, William Roche, Gerald Sorgente, Victor Straub, Henry Surig, and Christopher Werner, Plaintiffs, v. LOCAL 30, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO; James Hanley, as Commissioner of Labor for the City of New York; and Alan Hevesi, as Comptroller of the City of New York, Defendants.

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

December 10, 2002.

Attorney(s) appearing for the Case

Susan Jennik, Kennedy, Schwartz & Cure, P.C., New York, NY, for Plaintiffs.

Mark Steven Soroka, Adam Ira Klein, P.C., New York, NY, for Defendant, Local 30.

Michael A. Cardozo, Corporation Counsel of the City of New York, Adam G. Kurtz, New York, NY, for City Defendants, of counsel.

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiffs are members of defendant Local 30, International Union of Operating Engineers ("Local 30"), and are employed by the City of New York ("the City"). Plaintiffs sue Local 30 alleging that the manner in which Local 30 conducted the ratification vote on their contract violated Section 101(a)(1) and (a)(2) of the Labor Management Reporting and Disclosure Act ("LMRDA"), violated the Constitution of the International...

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