# Ray Marshall, Secretary of Labor v. Local Union 20, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of Commerce

> Court of Appeals for the Sixth Circuit · December 19, 1979 · 611 F.2d 645

URL: https://www.frixlaw.com/law-library/cases/9466337

## Case

- **Full name:** Ray MARSHALL, Secretary of Labor, Plaintiff-Appellee, v. LOCAL UNION 20, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF COMMERCE, Defendant-Appellant
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** December 19, 1979
- **Citations:** 611 F.2d 645; 53 A.L.R. Fed. 572; 28 Fed. R. Serv. 2d 681; 103 L.R.R.M. (BNA) 2111; 1979 U.S. App. LEXIS 9544
- **Precedential status:** Published
- **Opinion:** Dissent by Weick
- **Judges:** Weick, Keith, Phillips
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9466337

## Opinion text

WEICK, Circuit Judge,
dissenting.
I respectfully dissent. The District Court set aside the December 1977 election in which Harold Leu was elected president of the International Brotherhood of Teamsters, Local 20, and ordered a new election *654 to be conducted under the supervision of the Secretary. The District Court held the election was void, finding that Leu received certain campaign contributions barred by LMRDA § 401(g). 29 U.S.C. § 481 (g).
The trouble is that in the suit filed by the Secretary to set aside the election, he did not make Harold Leu, the winner of the election, a party in the lawsuit. In my opinion, this violated Leu’s right to due process of law guaranteed to him by the Fifth Amendment to the Constitution of the United States. Leu was not bound by the judgment of the District Court in an action which he was not made a party defendant.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9466337. Public record. Not legal advice.