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COPITAS v. RETAIL CLERKS INTERN. ASS'N

Nos. CA 78-2528, CA 78-3046.

618 F.2d 1370 (1980)

Mitchell COPITAS, Plaintiff-Appellant, v. RETAIL CLERKS INTERNATIONAL ASSOCIATION; Retail Clerks Union Local 1222, an unincorporated association, in its capacity both as an employer and as a union; Bill Wall, Individually and as Secretary-Treasurer and member of Retail Clerks International Association, Defendant-Appellees.

United States Court of Appeals, Ninth Circuit.

May 19, 1980.

Attorney(s) appearing for the Case

Wayne L. Peterson, Platt, Tebbetts & Peterson, San Diego, Cal., argued for plaintiff-appellant; Linda E. Boelhauf, San Diego, Cal., on brief.

Douglas F. Olins, San Diego, Cal., for defendant-appellees.

Before SNEED and PREGERSON, Circuit Judges and TEMPLAR, District Judge.

PREGERSON, Circuit Judge:

Mitchell Copitas, a union member, appeals from the district court's dismissal of his Third Amended Complaint alleging a violation of §§ 101(a)(2) and 609 of the Labor-Management Reporting and Disclosure Act of 1959 (hereinafter LMRDA, or the Act), 29 U.S.C. §§ 411(a)(2) and 529. Those sections of the Act guarantee freedom of speech and assembly to union members and prohibit unions from disciplining members who exercise...

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