Legal Opinion

Schonfeld v. Wirtz

District Court, S.D. New York

Decided September 16, 1966No. 66 Civ. 558PublishedCited by 15 opinions

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

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Calhoon v. HarveySupreme Court of the United States · 1964
  3. Cappadora v. CelebrezzeCourt of Appeals for the Second Circuit · 1966
  4. 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
  5. Federal Trade Commission v. W. W. Tuttle, Resident Manager, Ernst & ErnstCourt of Appeals for the Second Circuit · 1957

2 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Dunlop v. BachowskiSupreme Court of the United States · 1975
  2. Walter Bachowski v. Peter Brennan, Secretary of Labor, United States Department of Labor Andunited Steelworkers of AmericaCourt of Appeals for the Third Circuit · 1974
  3. DeVito v. ShultzDistrict Court, District of Columbia · 1969
  4. James D. Hodgson, Secretary of Labor v. Lodge 851, International Association of MacHinists & Aerospace Workers, Afl-CioCourt of Appeals for the Seventh Circuit · 1972
  5. Hodgson v. Chain Service Restaurant, Luncheonette & Soda Fountain Employees Union, Local 11District Court, S.D. New York · 1973

10 more not listed; retrieve them via the Exa API.

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