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RODMAN v. HENSLEY

No. 83-2384.

740 F.2d 665 (1984)

Bill RODMAN, Larry Nolon and Samuel Miller, individually and as representatives of a class of persons who are qualified journeymen electricians and inside wiremen residing in Southwest Missouri who are not members of IBEW Local 453, but who have worked out of or sought to work out of the IBEW Local 453 referral or hiring hall or who have worked under collective bargaining agreements negotiated and administered by IBEW Local 453, during and since 1976, Appellants, v. Jim W. HENSLEY, Michael Brumley, Gene McGhee, Pat Shanks, J.L. Smith, John D. Price, J.C. Danner, R.D. Porter, Roger Testerman, Dennis Ashcraft, Leroy Stilley, Jack F. Moore, Carl Tutorino, and International Brotherhood of Electrical Workers, AFL-CIO, and its Local Union No. 453, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 13, 1984.

Rehearing Denied October 26, 1984.

Rehearing and Rehearing Denied November 28, 1984.

Attorney(s) appearing for the Case

William A. Jolley, Steven A. Fehr, Jolley, Moran, Walsh, Hager & Gordon, Kansas City, Mo., and Laurence J. Cohen, Sherman, Dunn, Cohen, Leifer & Counts, P.C., Washington, D.C., for appellees Jack F. Moore, Carl Tutorino, and Intern. Broth. of Elec. Workers, AFL-CIO.

Donald W. Jones, Keeter, Karchmer, Nelms & Kirby, Springfield, Mo., for appellants.

Before ROSS, McMILLIAN and FAGG, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 28, 1984.

PER CURIAM.

This was an action brought by three named plaintiffs, Rodman, Nolon, and Miller,1 which contained four separate counts. Count one alleged a violation of the duty of fair representation under 29 U.S.C. § 185 and 28 U.S.C. § 1337. Counts two and three alleged violations of the Civil Rights Act, Sections 1983, 1985, and 1988, as well as violations of ...

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