COUNCIL 49, AFSCME, BY ADKINS v. REACH

No. 87-7022.

843 F.2d 1343 (1988)

COUNCIL 49, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES UNION AFL-CIO, by its Administrator, William T. ADKINS; Local No. 2904, American Federation of State, County, etc.; Judy England, as a member of Local No. 2904, Plaintiffs-Appellees, Cross-Appellants, v. Harold REACH, as the former Executive Director of Council 49; Jimmy Gosa, as the former President of Council 49; Ruth Boshell as the former Treasurer; Larry Trammell as the former Secretary of Council 49; Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 4, 1988.


Attorney(s) appearing for the Case

John F. Kizer, Jr., Kizer & Bennitt, Jeff Bennitt, Birmingham, Ala., for defendants-appellants, cross-appellees.

George C. Longshore, Birmingham, Ala., for plaintiffs-appellees, cross-appellants.

Before FAY and KRAVITCH, Circuit Judges, and ATKINS, Senior District Judge.


KRAVITCH, Circuit Judge:

Representatives of Council 49 and Local No. 2904, Alabama affiliates of a national labor organization, brought this action under section 501 of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 501, which places a fiduciary duty on union officials. The complaint alleged that the defendants, Harold Reach, Ruth Boshell, Jimmy Gosa, and Larry Trammel, former officials of Council 49, had breached their fiduciary duty by mismanaging...

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