Schwartz v. Associated Musicians of Greater New York

J. JOSEPH SMITH, Circuit Judge:

Plaintiffs appeal from summary judgment dismissing the first count in a two-count complaint, and holding that union “local tax” was not violative of law, in the United States District Court for the Southern District of New York, Richard H. Levet, District Judge. We find no error in the grant of summary judgment, and affirm the judgment. j

The courts have already passed on an-' other aspect of this controversy. In Wittstein v. American Federation of Musicians, etc., 326 F.2d 26 (2 Cir. 1963), cert. granted 376 U.S. 942, 84 S.Ct. 798, 11 L.Ed.2d 766 (1964),…