Schonfeld v. Wirtz
District Court, S.D. New York
1Opinion of the Court
OPINION
McLEAN, District Judge.
This is an action by a member of a local union to compel the Secretary of Labor to institute suit under 29 U.S.C. § 482 to set aside a union election. Defendant moves under Rule 12(b) to dismiss the action on the grounds that the court lacks jurisdiction of the subject matter and that the complaint fails to state a claim. The allegations of the complaint, which must be taken as true for the purposes of this motion, may be summarized as follows:
Plaintiff was a candidate for the office of Chairman of the Local in an election held on June 18, 1965. He lost by a…
2Cases cited7 opinions
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Calhoon v. HarveySupreme Court of the United States · 1964
- Cappadora v. CelebrezzeCourt of Appeals for the Second Circuit · 1966
- In the Matter of Alexander M. Goldberg v. Hon. Julius J. Hoffman, Hon. Herbert Brownell, Jr., Hon. H. Brian Holland and Hon. Robert TiekenCourt of Appeals for the Seventh Circuit · 1955
- Federal Trade Commission v. W. W. Tuttle, Resident Manager, Ernst & ErnstCourt of Appeals for the Second Circuit · 1957
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3Cited by15 opinions
- Dunlop v. BachowskiSupreme Court of the United States · 1975
- Walter Bachowski v. Peter Brennan, Secretary of Labor, United States Department of Labor Andunited Steelworkers of AmericaCourt of Appeals for the Third Circuit · 1974
- DeVito v. ShultzDistrict Court, District of Columbia · 1969
- James D. Hodgson, Secretary of Labor v. Lodge 851, International Association of MacHinists & Aerospace Workers, Afl-CioCourt of Appeals for the Seventh Circuit · 1972
- Hodgson v. Chain Service Restaurant, Luncheonette & Soda Fountain Employees Union, Local 11District Court, S.D. New York · 1973
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