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Testa v. Hotel Employees and Restaurant Employees Intern. Union

U.S. Court of Appeals, Third Circuit


decided: September 12, 1994.

FRANK J. TESTA, JR., APPELLANT
v.
THE HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES INTERNATIONAL UNION, AFL-CIO, REFERRED TO AS H.E.R.E.; EDWARD T. HANLEY, IN HIS CAPACITY AS GENERAL PRESIDENT OF H.E.R.E.; FRANK GERACE; WILLIAM ROY SILBERT, OF H.E.R.E. BOTH BEING FORMER OFFICERS OF LOCAL 54 AND BOTH NOW BANNED FROM LOCAL 54; LOCAL 54 OF H.E.R.E.; FRANK MATERIO; THELMA "TIMMIE" HILFERTY, BOTH FORMERLY OF LOCAL 54 AND BOTH NOW BANNED FROM LOCAL 54; ROBERT WOLFSON, IN HIS CAPACITY AS A MEMBER OF LOCAL 54; R. WILSON, IN HIS CAPACITY AS A MEMBER OF LOCAL 54; THE GENERAL MEMBERSHIP OF LOCAL 54, IN THEIR CAPACITY AS MEMBERS OF LOCAL 54; FRANK GERACE, NOW BANNED FROM LOCAL 54; WILLIAM ROY SILBERT, NOW BANNED FROM LOCAL 54; EVELYN ZARUS; ROBERT WOLFSON; BETTY ANDERSON; FELIX BOCCHICCHIO, NOW BANNED FROM LOCAL 54; CINDY BURGESS; JOSEPH ERACE, NOW BANNED FROM LOCAL 54 AND UNDER A GOVERNMENT WITNESS PROTECTION PROGRAM; THELMA "TIMMIE" HILFERTY, NOW BANNED FROM LOCAL 54; JODY JOHNSON; JUSTIN POLLOCK; HARRIET DOUGHERTY, NOW DECEASED; FRANK MATERIO, NOW BANNED FROM LOCAL 54, IN THEIR FORMER CAPACITY AS THE EXECUTIVE BOARD OF LOCAL 54; EDWARD BADER; MICHAEL TENUTO; LAUREL MAHONEY; THOMAS ROGERS; JACK MARTINEZ, IN THEIR CAPACITY AS THE TRIAL BOARD OF LOCAL 54 FOR THE CHARGES FILED BY THE PLAINTIFF PRO SE THAT WERE HEARD BY SAID BOARD AT THE TRIAL HELD AT LOCAL 54 ON MAY 23, 1989; THE EXECUTIVE BOARD OF LOCAL 54, IN POWER IN JUNE, 1989 AND JUNE, 1990 IN THEIR CAPACITY AS THE EXECUTIVE BOARD OF LOCAL 54 ON SAID DATES AND ON ANY OTHER DATES PERTINENT TO THE PLAINTIFF PRO SE'S CASE; JAMES KATZ, ESQUIRE, OF TOMAR, SIMONOFF, ADOURIAN, AND O'BRIEN, ATTORNEY FOR LOCAL 54, ET AL.; WILLIAM ROY SILBERT, OF H.E.R.E. AND NOW BANNED FROM LOCAL 54; BERNARD N. KATZ, ESQUIRE; MICHAEL N. KATZ, ESQUIRE; ADAM H. FEINSTEIN, ESQUIRE, ALL OF MERANZE AND KATZ, ATTORNEYS FOR THE HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES INTERNATIONAL UNION, REFERRED TO AS H.E.R.E.; EDWARD T. HANLEY, GENERAL PRESIDENT OF H.E.R.E.; FRANK GERACE, OF H.E.R.E. NOW BANNED FROM LOCAL 54 AND FORCED TO LEAVE H.E.R.E. IN 1994; ALAN L. LESKY AND ASSOCIATES; ALAN L. LESKY, CERTIFIED SHORTHAND REPORTER, OF ALAN L. LESKY AND ASSOCIATES, THE CERTIFIED SHORTHAND REPORTER WHO TOOK THE NOTES OF THE PLAINTIFF PRO SE'S DEPOSITION TESTIMONY GIVEN ON AUGUST 20, 1991; THE UNITED STATES GOVERNMENT, JOINTLY, SEVERALLY, IN THE ALTERNATIVE, OR OTHERWISE

On Appeal from the United States District Court for the District of New Jersey. (D.C. Civ. No. 94-cv-00852). District Judge: Hon. Joseph E. Irenas.

Before: Sloviter, Chief Judge, Scirica and Nygaard, Circuit Judges

Author: Sloviter

Affirmed.

19940912


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