The following excerpt is from Donovan v. District 1199, New York Health and Hosp. Care Employees, Retail, Wholesale, Dept. Store Union, AFL-CIO, 760 F.2d 440 (2nd Cir. 1985):
The question becomes whether union non-compliance with the Secretary's subpoena tolls the statute of limitations. Two courts of appeals have held that the statute is tolled when the Secretary's ability to investigate is frustrated by the union's failure to comply with a subpoena. See Brennan v. Independent Lift Truck Builders Union, 490 F.2d 213, 216 (7th
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