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INTERN. BROTH. OF BOILERMAKERS ETC. v. OLY. PLATING INDUSTRIES, INC.

No. 88-3290.

870 F.2d 1085 (1989)

INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS, BLACKSMITHS, FORGERS & HELPERS, AFL-CIO; Local Lodge 852 of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, AFL-CIO, Plaintiffs-Appellants, v. OLYMPIC PLATING INDUSTRIES, INC.; Robert Marks, individually and as President of Local 63 of the Independent Workers of North America; Richard Ash, individually and as Secretary-Treasurer of Local 63; Edwin Young, Individually and as Recording Secretary of Local 63; Geraldine Broucher; Wilma Hughes; Florence Brinkerhoff; and Jean Eller, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 22, 1989.

Attorney(s) appearing for the Case

Paul S. Lefkowitz, John M. Masters (argued), Climaco, Climaco, Seminatore, Lefkowitz & Garofoli, Cleveland, Ohio, and Thomas H. Marshall, Kansas City, Mo., for Intern. Broth. of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO and Local Lodge 852 of the Intern. Broth. of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO, plaintiffs-appellants.

Todd S. Bundy, Charles A. Morgan, Jr., and Andrew T. Batschner (argued), Amerman, Burt & Jones, Canton, Ohio, for Olympic Plating Industries, Inc., defendant-appellee.

Lynne P. Fox, Bernard N. Katz, Robert G. Rothstern (argued), Meranze & Fox, Philadelphia, Pa., and William B. Gore, Laybourne, Smith, Gore & Goldsmith, Akron, Ohio, for Robert Marks, Individually and as President of Local 63 of the Independent Workers of North America, Richard Ash, individually and as Secretary-Treasurer of Local 63, Edwin Young, individually and as Recording Secretary of Local 63, Geraldine Broucher, Wilma Hughes, Florence Brinkerhoff, and Jean Eller, defendants-appellees.

Before KEITH and KRUPANSKY, Circuit Judges, and ZATKOFF, District Judge.

KRUPANSKY, Circuit Judge.

This is an appeal from the trial court's dismissal of the instant action initiated on October 6, 1987 by plaintiff-appellant, the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers of the AFL-CIO (International) against certain suspended officers of Local Lodge 852, the Olympic Plating Industries, Inc. (Canton, Ohio) lodge of the International, including defendants-appellees Robert Marks (Marks...

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