LOWARY v. LEXINGTON LOCAL BD. OF EDUC.

No. 88-4191.

903 F.2d 422 (1990)

William LOWARY and Sara Wyatt, Plaintiffs-Appellants, v. LEXINGTON LOCAL BOARD OF EDUCATION, Ohio Education Association, Lexington Teachers Association, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 17, 1990.


Attorney(s) appearing for the Case

James A. Calhoun, Calhoun, Benzin, Kademenos & Heichel, Mansfield, Ohio, Glenn M. Taubman, National Right to Work Legal Defense Found., Springfield, Va., for plaintiffs-appellants.

Alexander M. Andrews, Ulmer & Berne, Cleveland, Ohio, for defendants-appellees Lexington Local Bd. of Educ., Mark Plotnick, Susan Umbarger, James Bollinger, Rick Bell, and Helen Gilroy.

Bruce R. Lerner, Robert H. Chanin, Bredhoff & Kaiser, Washington, D.C., Ira J Mirkin, Green, Haines, Sgambati, Murphy & Macala, Youngstown, Ohio, for defendant-appellee Lexington Teachers Ass'n.

Jeremiah A. Collins, argued, Bredhoff & Kaiser, Washington, D.C., Ira J Mirkin, Green, Haines, Sgambati, Murphy & Macala, Youngstown, Ohio, Loren L. Braverman, Office of the Atty. Gen. of Ohio, Columbus, Ohio, for defendant-appellee Ohio Educ. Ass'n.

Before: MERRITT, Chief Judge, RYAN, Circuit Judge, and PECK, Senior Circuit Judge.


MERRITT, Chief Judge.

Plaintiffs, dissenting nonunion teachers of a "closed-shop" bargaining unit in Ohio, attack as unconstitutional various procedures contained in the dues collection plan of the local and state teacher's unions. They appeal the adverse portions of the District Court's judgment in their action challenging the constitutionality of three fair share fee provisions in the dues collection plan made a part of a collective bargaining agreement.

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