Opinion
December 19, 1949.
Present — Johnston, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ.
In an action by plaintiff John Metzler seeking reinstatement as a member of a local trade union, and damages claimed to have been sustained because of the suspension from membership, after trial of the action, together with a similar action by one John Gleeson against these defendants, judgment has been entered directing that the plaintiff be reinstated as a member, without allowance of damages, but with an extra allowance of costs, on the ground that the action was extraordinary and difficult, and with provisions for other directions as to the re-employment of plaintiff, and as to insurance and membership in an employee's association. Judgment modified on the law by substituting $169.35 in the place of $419.35 as costs, and by striking therefrom all decretal provisions after the third one, and substituting therefor: "ORDERED, ADJUDGED AND DECREED that the defendant union and the officer-defendants thereof, forthwith in writing notify the Borden Company, plaintiff's former employer, and Borden's Employees' Mutual Aid Association, Incorporated, of plaintiff's reinstatement in good standing with all his seniority rights in the union, and request in writing the employment of plaintiff by the Borden Company; and it is further ORDERED, ADJUDGED AND DECREED that plaintiff have execution against defendants for the costs taxed". As so modified, the judgment is unanimously affirmed, without costs. (See Gleeson v. Conrad, ante, p. 861, decided herewith.)