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ERKINS v. BRYAN

No. 80-7559.

663 F.2d 1048 (1981)

Elbert ERKINS, Samuel Denson and Perry Culpepper, Plaintiffs-Appellants, v. Billy BRYAN, Arthur Comer, George Bullard and Charlie Greene, Defendants-Appellees, United Steelworkers of America, AFL-CIO-CLC, Intervenor-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Amended on Denial of Rehearing and Rehearing March 19, 1982.

Attorney(s) appearing for the Case

Jacobson, Sodos, Melnick & Krings, Thomas M. Jacobson, Milwaukee, Wis., William I. Grubb, II, Eufaula, Ala., Walter F. Kelly, Milwaukee, Wis., for plaintiffs-appellants.

Cooper, Mitch & Crawford, Jerome A. Cooper, Birmingham, Ala., for Bryan, et al.

James D. English, Associate Gen. Counsel, United Steelworkers of America, Pittsburgh, Pa., Bernard Kleiman, Gen. Counsel, Chicago, Ill., for United Steelworkers of America.

Before TUTTLE, HENDERSON and HATCHETT, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc March 19, 1982.

TUTTLE, Circuit Judge:

By this appeal we are required to construe and apply the provisions of the Landrum-Griffin Act, particularly 29 U.S.C. § 501(b) when persons alleging themselves to be members of a local union seek permission of a United States district court to file an action against former officers of the local alleging misappropriation of union funds, in which action the prospective...

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