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United States Court of Appeals for the Ninth Circuit
May 13, 1971
[*779] MADDEN, J.:
We narrate the history of prior litigation which history is relevant to the instant case. On October 15, 1964, the complaint in a case entitled Phillips v. Osborne, in the same United States District Court from which the instant appeal comes to us, was served upon Osborne and the other defendants in that case. The complaint alleged that on September 24, 1964, the defendants had transferred approximately $40,000 of the assets of Local 580, International Brotherhood of Pulp, Sulphite and Paper Mill Workers, (hereinafter called "International") into escrow in violation of Local 580's constitution and by-laws, and in violation of Section 501(a) of the Labor-Management Reporting and Disclosure Act of 1959 (the Landrum-Griffin Act). The complaint prayed for distribution of the $40,000 of assets among the members of Local 580 as of September 26, 1964. The fact was that at or about the date mentioned the members [**2] of Local 580 were in the process of rebellion against their International and of forming a Local of another Union, Western Pulp and Paper Workers, (hereinafter called "Western"). Their Local of Western was also numbered 580.
The 1964 case was tried by the Judge of the District Court who made Findings of Fact and Conclusions of Law, dated October 27, 1966. We quote what the Trial Judge designated as "Conclusions of Law" because of their importance in the consideration of the instant appeal.
"9. This Court has subject matter jurisdiction over the instant controversy pursuant to Section 501 of the Act.
10. The action of the membership (in which Plaintiff participated) of International Local 580 in demanding a return of the funds of Local 580, constituted an adequate 'request ' within the meaning of Section 501.
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444 F.2d 778 *; 1971 U.S. App. LEXIS 10206 **; 77 L.R.R.M. 2524; 65 Lab. Cas. (CCH) P11,760
Leo L. Phillips, Plaintiff and P. R. Enslow, Appellant v. Floyd Osborne et al., Defendants-Appellees
Disposition: [**1] The judgment of the District Court is reversed.
district court, state court, state court action, injunction, proceedings, litigated, funds