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SOLIS v. LOCAL 234, TRANSPORT WORKERS UNION

No. 09-1143.

585 F.3d 172 (2009)

Hilda L. SOLIS, Secretary Labor, United States Department of Labor, Appellant, John Johnson, Jr.; Mickey Ostrowski, Intervenor-Plaintiffs in D.C., v. LOCAL 234, TRANSPORT WORKERS UNION.

United States Court of Appeals, Third Circuit.

Filed November 2, 2009.

Attorney(s) appearing for the Case

Michael P. Abate [Argued] Michael F. Hertz, Laurie Magid, Thomas M. Bondy, Christopher C. Fonzone, Michael S. Blume, Virginia A. Gibson, U.S. Department of Justice, Washington, DC, for Appellant.

Bruce Bodner [Argued] Kaufman, Coren & Ress, P.C., Philadelphia, PA, for Appellee.

Claiborne S. Newlin, Meranze & Katz, Philadelphia, PA, for Intervenor-Plaintiff.

Peter D. DeChiara Cohen, Weiss and Simon LLP, New York, NY, for Amicus Appellee.

Before: BARRY, FISHER and JORDAN, Circuit Judges.

OPINION OF THE COURT

JORDAN, Circuit Judge.

The United States Secretary of Labor appeals an order from the United States District Court for the Eastern District of Pennsylvania dismissing the Secretary's complaint under the Labor Management Reporting and Disclosure Act ("LMRDA"), 29 U.S.C. § 401 et seq, for lack of subject matter jurisdiction. The District Court determined that John Johnson's administrative complaint, underlying the Secretary...

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