443 F.Supp. 1182 (1977)
Plaintiff was charged with violating a union constitution. Plaintiff was initially fined by the defendant local union, however, that decision was rescinded after it was discovered that defendant international union had jurisdiction. Thereafter, plaintiff filed this action pursuant to the Labor Management Reporting and Disclosure Act (LMRDA), 29 U.S.C.S. § 401 et seq., against defendants alleging that plaintiff was restrained in the exercise of his rights of free speech and assembly.
Defendant international union argued that since it only asserted jurisdiction over the case pursuant to the provisions of the union constitution, it could not be held to have violated the LMRDA.
The court found that although defendant international union provided plaintiff with procedural due process, this did not preclude recovery if plaintiff was disciplined for assertion of a right under the LMRDA.
Defendant's motion for summary judgment granted in part on plaintiff's claim because procedural due process was provided and denied in part to strike plaintiff's request for emotional distress and punitive damages.
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