Thomas H. Fitzgerald v. Martin P. Catherwood, as Industrial Commissioner of the State of New York

IRVING R. KAUFMAN, Circuit Judge:

The issue before us on this appeal is the validity of those provisions of New York’s Labor and Management Improper Practices Act which make it a misdemeanor for an officer of a labor organization to hold a financial interest in an employer whose employees the organization represents. 1 The appellant, Thomas H. Fitzgerald, sought a declaratory judgment in the court below decreeing that the challenged legislation is preempted by the Labor Management Reporting and Disclosure Act of 1959 [LMRDA], 29 U.S.C. § 401 et seq., and that it constitutes a Bill of Attainder…