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MCMAHAN v. INTERN. ASS'N OF IRON WORKERS

No. 91-2049.

964 F.2d 1462 (1992)

Herman E. McMAHAN, Plaintiff-Appellant, v. INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, Iron Workers Union Local 601; South Carolina National Bank, Defendants-Appellees, and George P. Simmons, Jr., Defendant. Lynn Martin, Secretary of Labor, United States Department of Labor, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided June 1, 1992.

Attorney(s) appearing for the Case

Mark S. Flynn, argued (David S. Fortney, Deputy Sol., Allen H. Feldman, Associate Sol. for Sp. Appellate and Supreme Court Litigation, Steven J. Mandel, Deputy Associate Sol., and Edward D. Sieger, on brief), U.S. Dept. of Labor, Washington, D.C., for amicus curiae.

D. Mark Stokes, North Charleston, S.C., argued (Dale L. DuTremble, Charleston, S.C., on brief), for plaintiff-appellant.

Sandra Rae Benson, argued (Victor J. Van Bourg, on brief), Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., for defendants-appellees.

Before HALL, NIEMEYER, and LUTTIG, Circuit Judges.

OPINION

K.K. HALL, Circuit Judge:

Herman McMahan appeals the district court's order, adopting a magistrate's recommendation, that granted appellees' motion for summary judgment. We disagree with the district court's holding that 29 U.S.C. § 504(d) does not create a private right of action. However, we agree that only one of the appellee unions is the proper party defendant in such an action. Accordingly, we reverse in part and remand for further proceedings...

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