The Union imposed a fine of $40 on the foreman of the Evening Star’s composing room. The foreman paid the fine and the Star refunded it to him and then sued the Union to recover the amount so refunded on the ground that the fine had been imposed in violation of the contract between the Washington Publishers Association and the Union. The District Court granted summary judgment to the plaintiff and the Union appealed.

We affirm the action of the trial court on the basis of Judge McGarraghy’s opinion, filed September 3, 1955, 141 F.Supp. 374.

Affirmed.