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SMITH v. DETROIT FEDERATION OF TEACHERS LOCAL 231

No. 85-1742.

829 F.2d 1370 (1987)

Ernest SMITH; Sam Eliowitz; Albert Rosen; Robert Sheldon; Jan Sklenar; Joseph Soltesz; Cecelia Stoll; and Harry Weber, Plaintiffs-Appellees, v. DETROIT FEDERATION OF TEACHERS, LOCAL 231, AMERICAN FEDERATION OF TEACHERS, AFL-CIO; Detroit Board of Education, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 29, 1987.

Attorney(s) appearing for the Case

Eileen Nowikowski, Theodore Sachs (argued), Sachs, Nunn, Kates, Kadushin, O'Hare, Heleston & Waldman, P.C., Detroit, Mich., for defendants-appellants.

Michael E. Avakian (argued), Ctr. on Nat. Labor Policy, Inc., North Springfield, Va., Robert W. Morgan, Chirco, Herrington, Runstadler & Thomas, Troy, Mich., for plaintiffs-appellees.

Before LIVELY, Chief Judge, WELLFORD, Circuit Judge, and CELEBREZZE, Senior Circuit Judge.

CELEBREZZE, Senior Circuit Judge.

Defendant-appellant Detroit Federation of Teachers, Local 231, American Federation of Teachers, AFL-CIO ("DFT" or "the Union") appeals that portion of a district court's order which rejected a magistrate's recommendation that DFT be awarded attorney's fees following the plaintiffs-appellees' (collectively "Smith") unsuccessful civil rights suit against the Union. DFT argues on appeal that the frivolous and harassing nature of Smith...

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