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BURROUGHS v. OPERATING ENGINEERS LOCAL UNION NO. 3

No. 81-4145.

686 F.2d 723 (1982)

Benjamin R. BURROUGHS, William H. Gault and William T. Keane, Plaintiffs-Appellants, v. OPERATING ENGINEERS LOCAL UNION NO. 3; Dale Marr; and Harold Huston, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 2, 1982.

As Amended on Denial of Rehearing and Rehearing September 22, 1982.

Attorney(s) appearing for the Case

Jeffrey G. Lewis, Oakland, Cal., for plaintiffs-appellants.

John J. Davis, Jr., McCarthy, Johnson & Miller, San Francisco, Cal., for defendants-appellees.

Before HAYNSWORTH, and TRASK, Senior Circuit Judges, and WALLACE, Circuit Judge.

As Amended on Denial of Rehearing and Rehearing En Banc September 22, 1982.

WALLACE, Circuit Judge:

Burroughs, Gault and Keane (the retired union members) appeal the entry of summary judgment for the Operating Engineers Local Union No. 3 (Local 3) and two of its officers. Their complaint alleged that Article VI of the by-laws of Local 3 permits increases in the "rates of dues" payable by the union members without a majority vote of the union membership, in...

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