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Balter v. Lamb

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


January 25, 1979

DAVID M. BALTER AND BRIAN CURRAN, APPELLANTS,
v.
DONALD J. LAMB, BUSINESS MANAGER OF THE GREATER NORTHLAND TEXTILE JOINT BOARD OF THE AMALGAMATED CLOTHING AND TEXTILE WORKERS UNION, AFL-CIO AND THE GREATER NORTHERN TEXTILE JOINT BOARD OF THE AMALGAMATED CLOTHING AND TEXTILE WORKERS UNION, AFL-CIO, APPELLEES.

Appeal from the United States District Court for the Western District of New York.

Present: HONORABLE J. EDWARD LUMBARD, HONORABLE WILFRED FEINBERG, HONORABLE THOMAS J. MESKILL, Circuit Judges.

This cause came on to be heard on the transcript of record from the United States District Court for the Western District of New York, and was argued by counsel.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that, without prejudice to the trial of the action on the merits, we affirm the judgment of the district court denying preliminary relief. In view of the information called to our attention by letter dated January 11, 1979 from counsel for appellees, and the statements of both counsel in argument before this court, we direct the parties to be ready for trial on the merits within 30 days from issuance of the mandate herein. We note that since there has now been exhaustion of internal union remedies, as conceded by appellees' counsel, the district court does have jurisdiction over the appellants' claim that their removal from union office was "part of a purposeful and deliberate attempt by union officials to suppress dissent within the union." See Newman v. Local 1101, Communications Workers of America, AFL-CIO, 570 F.2d 439, 445-46 (2d Cir. 1978).

19790125

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