Opinion · Court of Appeals for the Second Circuit

Zentner v. American Federation of Musicians

343 F.2d 758

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1965-04-06
Topic
general

PER CURIAM. When the case was before Judge Wein-feld plaintiff challenged the Federation’s “work dues equivalents” as violating § 302 of the Labor Management Relations Act of 1947, as amended in 1959, 29 U.S.C. § 186, and § 101(a) (3), of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 411(a) (3). In this court the latter ground of attack was not pressed. The challenge under § 302 is baseless, for reasons well expressed in the opinion of Judge Wein-*759feld, reported at 237 F.Supp. 457, denying the application for preliminary in-junctive relief. We affirm the order below, and since it is obvious that there is no merit in plaintiff’s claims, we direct that the court below dismiss the complaint.

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Cited by
3 opinions
ZENTNER v. AM. FED'N OF MUSICIANS,343 F.2d 758(2nd Cir. 1965)
Si ZENTNER, Plaintiff-Appellant, v. AMERICAN FEDERATION OF MUSICIANS OF
the UNITED STATES AND CANADA and Associated Musicians of Greater New York,
Local 802, affiliated with American Federation of Musicians of the United
States and Canada, Defendants-Appellees.
No. 424, Docket 29539.
United States Court of Appeals, Second Circuit.
Argued April 6, 1965.
Decided April 6, 1965.
Godfrey P. Schmidt, New York City, for plaintiff-appellant.

McGoldrick, Dannett, Horowitz Golub, New York City (Emanuel Dannett, New York City, of counsel), for defendants-appellees.
Before WATERMAN, FRIENDLY and ANDERSON, Circuit Judges.
PER CURIAM.
When the case was before Judge Weinfeld plaintiff challenged the Federation's "work dues equivalents" as violating § 302 of the Labor Management Relations Act of 1947, as amended in 1959,29 U.S.C. § 186, and § 101(a)(3), of the Labor-Management Reporting and Disclosure Act of 1959,29 U.S.C. § 411(a)(3). In this court the latter ground of attack was not pressed. The challenge under § 302 is baseless, for reasons well expressed in the opinion of Judge Weinfeld,Page 759reported at237 F. Supp. 457, denying the application for preliminary injunctive relief.

We affirm the order below, and since it is obvious that there is no merit in plaintiff's claims, we direct that the court below dismiss the complaint.