Legal Opinion
Libutti v. Di Brizzi
Court of Appeals for the Second Circuit
Decided April 1, 1965No. 188, Docket 29206PublishedCited by 5 opinions
1Opinion of the Court
LUMBARD, Chief Judge:
We granted the appellants’ petition for rehearing in order to reconsider their appeal in the light of Calhoon v. Harvey, 379 U.S. 134, 85 S.Ct. 292, 13 L.Ed.2d 190 (1964), reversing 324 F.2d 486 (2 Cir. 1963). We conclude that our initial disposition of the appeal, affirming the judgment in favor of the plaintiffs, was correct. While Calhoon v. Harvey casts considerable doubt on our previous interpretation of § 101(a) (1) of the LMRDA, we think that the plaintiffs have a good claim under New York law and that this claim is sufficient to sustain the judgment of the…
2Cases cited5 opinions
- Calhoon v. HarveySupreme Court of the United States · 1964
- Shapiro v. GehlmanAppellate Division of the Supreme Court of the State of New York · 1935
- Jose v. SavageNew York Supreme Court · 1924
- Beiso v. RobilottoNew York Supreme Court · 1960
- Maineculf v. RobinsonNew York Supreme Court · 1958
3Cited by5 opinions
- Gulickson v. ForestDistrict Court, E.D. New York · 1968
- Schonfeld v. RafteryDistrict Court, S.D. New York · 1967
- Tobin v. BarryDistrict Court, S.D. New York · 1987
- Libutti v. BrizziCourt of Appeals for the Second Circuit · 1965
- Petramale v. Local No. 17 of Laborers' International UnionDistrict Court, S.D. New York · 1983