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SMITH v. LOCAL 7898, UNITED STEELWORKERS OF AMER.

No. 86-2600.

834 F.2d 93 (1987)

Richard SMITH, Plaintiff-Appellee, v. LOCAL 7898, UNITED STEELWORKERS OF AMERICA, an unincorporated association, Defendant-Appellant, and Georgetown Steel Corporation, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided November 30, 1987.

Attorney(s) appearing for the Case

George Herbert Cohen (L. Hope O'Keefe, Bredhoff & Kaiser, Franklin G. Shuler, Cooper, Mitch & Crawford, Thomas J. Rubillo, Rubillo & Feck on brief), for defendant-appellant.

Ray P. McClain (Harriet McB. Johnson, McClain & Derfner on brief), for plaintiff-appellee.

Before SPROUSE and CHAPMAN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

This is one of those hybrid actions in which a union member sues his union for alleged breach of its duty of fair representation and his employer for alleged violation of the collective bargaining agreement. A jury awarded the plaintiff damages against both defendants, and awarded him his attorney's fees against the union.

Upon the union's appeal, we reverse the judgment of the district court against the union, and remand...

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