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SHIMMAN v. INTERN. UNION OF OPERATING ENG., LOC.

No. 82-3370.

744 F.2d 1226 (1984)

John C. SHIMMAN, Plaintiff-Appellee, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 18, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 1, 1984.

Attorney(s) appearing for the Case

William Fadel (argued), Wuliger, Fadel & Beyer, Richard H. Verheij, Cleveland, Ohio, for defendant-appellant.

Cary Rodman Cooper, Cooper, Straub, Walinski & Cramer, Thomas J. Tucker (argued), Stephen M. Dane, Toledo, Ohio, for plaintiff-appellee.

Before LIVELY, Chief Judge and EDWARDS, ENGEL, KEITH, MERRITT, KENNEDY, MARTIN, CONTIE, KRUPANSKY and WELLFORD, Circuit Judges.

CORNELIA G. KENNEDY, Circuit Judge.

This appeal presents the question of whether Shimman could be awarded his attorney fees incurred during an earlier appeal in this case. We hold that there was no basis for the award and reverse.

I. Introduction

In 1973 John C. Shimman brought suit against the International Union of Operating Engineers, Local 18 ("Local 18"); the International Union of Operating Engineers, AFL-CIO; John Frank, an officer of Local...

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