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ACKLEY v. LOCAL UNION 337

No. 89-1135.

948 F.2d 267 (1991)

Charles ACKLEY, et al., Plaintiffs, Ronald Coburn, et al., Plaintiffs-Appellees, v. LOCAL UNION 337, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN, AND HELPERS OF AMERICA, a Voluntary Unincorporated Association, Defendant-Appellant, H.R. Hillard, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided October 31, 1991.

Rehearing is Rendered Moot November 18, 1991.

Attorney(s) appearing for the Case

Peter C. Jensen (argued and briefed), Leopold P. Borrello, Thomas & Jensen, Saginaw, Mich., for plaintiffs and plaintiffs-appellees.

Jerome S. Coleman (briefed), Ashley S. Lipson (argued), Coleman, Lipson & Bradford, George R. Geller, Farmington Hills, Mich., for defendant-appellant.

Before NELSON and BOGGS, Circuit Judges, and BATTISTI, District Judge.

Rehearing En Banc is Rendered Moot November 18, 1991.

ORDER

This is an action against a labor union for alleged breach of the union's duty of fair representation. In a split decision published at 910 F.2d 1295 (6th Cir.1990), we affirmed a judgment in favor of the plaintiff union members.

The defendant union petitioned for rehearing. Noting that the United States Supreme Court had issued a writ of certiorari in ...

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