Clarence L. Davis, Jr., and Wilfred Harris v. Walter Turner, C. C. Powell, Joe Carbonaro, Joseph v. Moreschi, and Paul L. Jones

Good Law
395 F.2d 671·68 L.R.R.M. (BNA) 2381
United States Court of Appeals for the Ninth CircuitMay 21, 196821566California534 words

Opinion

Opinion

Merrill, J.

Appellant Clarence L. Davis, Jr. is a member of Laborers’ Local Union 304. In January, 1966, he was admitted to practice law in the State of California and has since been actively engaged in the practice of his profession in Oakland, California. On June 23, 1966, he was nominated by appellant Wilfred Harris as a delegate to the convention of the Laborers’ International Union to be held in St. Louis, Missouri, in October, 1966. His qualification to serve as a delegate was challenged by a union member on the ground that he was not then working at the calling of the union, as required by its by-laws. The union sustained this challenge and his name was removed from the ballot. He appealed the decision to the International Union and, pending that appeal, this suit was brought to invalidate the election and have a new election called. Appellants claim that their civil rights as union members guaranteed under Title I of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 411 et seq., had been violated and that the District Court had jurisdiction to entertain their individual suit for redress under 29 U.S.C. § 412 . Summary judgment in favor of appellees was granted by…

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