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KOWALEVIOCZ v. LOCAL 333

No. 90-2501.

942 F.2d 285 (1991)

Joseph M. KOWALEVIOCZ, Plaintiff-Appellant, LOCAL 333 OF THE INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, an unincorporated association; Edward Howell, Defendants-Appellees, and Garris S. McFadden, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided August 14, 1991.

Attorney(s) appearing for the Case

James S. Ruckle, Jr., argued, for plaintiff-appellant; (James L. Prichard, on brief) Baltimore, Md.

Joel A. Smith, Abato, Rubenstein, Abato and Smith, P.A., argued, Lutherville, Md., for defendants appellees; (Robert Fulton Dashiell, David Epstein, Wartzman, Omansky, Blibaum and Simons, P.A., on brief), Baltimore, Md., for appellee Howell.

Before ERVIN, Chief Judge, HILTON, District Judge for the Eastern District of Virginia, sitting by designation, and HALLANAN, District Judge for the Southern District of West Virginia, sitting by designation.

OPINION

ERVIN, Chief Judge:

Union member Joseph M. Kowaleviocz appeals a fine and 10-year suspension from union membership imposed on him by the general membership of Local 333, International Longshoremen's Association (AFL-CIO) ("Local 333" or "union"). The penalty stems from a charge that Kowaleviocz used profanity toward a union officer at a union meeting and on the docks. The district court granted summary judgment to the union on the union's claim that...

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