Carroll v. Associated Musicians of Greater New York

LUMBARD, Chief Judge.

Joseph Carroll and Charles Peterson, orchestra leaders, appeal from a judgment of the District Court for the Southern District of New York dismissing their complaints in two actions which sought to enjoin the defendant musicians *575unions from collecting certain taxes, surcharges and welfare plan payments.1 The complaints assertedly were class actions. Judge Levet held that no class existed, or if it did, there was insufficient proof either that the members were so numerous that they could not be brought before the court or that the plaintiffs adequately represented any such…