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LOCAL 37, ETC. v. SHEET METAL WORKERS', ETC.

No. 81-1080.

655 F.2d 892 (1981)

LOCAL 37, SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION and the Individual Members and Applicants thereof, Appellees, v. SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, AFL-CIO, Edward J. Carlough, and Local 3, Sheet Metal Workers' International Association, Omaha, Nebraska, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 31, 1981.

Rehearing and Rehearing Denied September 2, 1981.

Attorney(s) appearing for the Case

William L. Edmonds, Steven A. Carter, Sioux City, Iowa, for appellees.

John D. Mayne, Goldberg, Mayne, Probasco & Berenstein, Sioux City, Iowa, David D. Weinberg, Weinberg & Weinberg, Omaha, Neb., Charles A. Werner, Schuchat, Cook & Werner, St. Louis, Mo., Donald W. Fisher, argued, Donald W. Fisher Co., L. P. A., Toledo, Ohio, for appellants.

Before LAY, Chief Judge, and STEPHENSON and ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 2, 1981.

LAY, Chief Judge.

Local 37 of the Sheet Metal Workers' International Association and its former members brought this action claiming the International Association violated its constitution and subsection 101(a)(5) of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 411(a)(5), when it ordered Local 37 merged with Local 3 without notice or opportunity to be heard. The district court...

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