TIERNEY v. CITY OF TOLEDO

Nos. 85-3016, 85-3290.

824 F.2d 1497 (1987)

James TIERNEY, et al., Plaintiffs-Appellants, v. CITY OF TOLEDO, Toledo Police Patrolman's Association, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 27, 1987.

Rehearing and Rehearing Denied September 14, 1987.


Attorney(s) appearing for the Case

Glenn M. Taubman (argued originally), National Right to Work Legal Defense Foundation, Inc., Springfield, Va., R. Timothy Bauer, Boggs, Boggs & Boggs, Toledo, Ohio, for plaintiffs-appellants.

Ralph J. Lewis, Ted Iorio (argued originally), Gallon, Kalniz, & Iorio, Toledo, Ohio, for defendants-appellees.

Before ENGEL and MILBURN, Circuit Judges, WOODS, District Judge.


Rehearing and Rehearing En Banc Denied September 14, 1987.

ENGEL, Circuit Judge.

The principal issue in this civil rights litigation is whether the First and Fourteenth Amendments are offended by a plan requiring objecting non-union policemen to contribute a "service fee" as their "share" of the union's costs of negotiating and maintaining its collective bargaining agreement with the City of Toledo. It was our earlier view that the plan and the Toledo ordinance...

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