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ABRAMOVICH v. BIONAZ

April 29, 1971

Andrew Abramovich et al., Petitioner
v.
Ferdinand Bionaz et al., Respondent


Knox, D. J.


The opinion of the court was delivered by: KNOX

KNOX, D. J.:

In this proceeding, sixty-eight members of a labor organization, not certified as a representative of the workers of the employer in question, have filed a complaint seeking relief under the Civil Rights Act, 42 U.S.C. § 1983. Each of the plaintiffs have been arrested and charged in Cambria County, Pennsylvania, with engaging in an "unlawful assembly" in violation of the Act of June 24, 1939, P.L. 872, § 401, Act of July 29, 1953, P.L. 1420, § 1, 18 P.S. § 4401. Defendants are the District Attorney of Cambria County, the Attorney General of the Commonwealth of Pennsylvania, the Commissioner of the Pennsylvania State Police, a Justice of the Peace, and numerous officers of the Pennsylvania State Police.

 The complaint as originally filed asked for the empanelling of a three-judge district court to declare the above-recited Pennsylvania Act of Assembly unconstitutional. This was denied on October 22, 1970, by the Honorable Wallace S. Gourley, Senior District Judge of this court, for the reason that there was no substantial basis for the attack on the constitutionality of the Statute which had previously been held valid by a three-judge court in the Eastern District of Pennsylvania, Heard v. Rizzo, 281 F.S. 720 (E.D. Pa. 1968) aff'd per curiam 392 U.S. 646, 88 S. Ct. 2307, 20 L. Ed. 2d 1358 (1968).

 The defendants had filed a Motion to Dismiss and the case including the Motion to Dismiss was assigned to this member of the court for disposition.

 
1. Concerted efforts to destroy mine buildings by burning;
 
2. Congregating in such large numbers that the state police, attempting to keep order, were overwhelmed;
 
3. Rescue of persons arrested by the state police including one in handcuffs;
 
4. Pursuit of state police endeavoring to apprehend one of the members of the crowd;
 
5. Rescue of a prisoner in a state police car by threats to turn it over;
 
6. Specific threats by certain persons to destroy the mine buildings and put the company out of business and its employees out of work;
 
7. Preventing fire trucks from reaching the scene to extinguish fires by congregating in front of the fire trucks and threatening the firemen with violence;
 
8. Setting a series of fires over a period of 24 hours culminating in the burning of the ...

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