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WEAVER v. UNIVERSITY OF CINCINNATI

Nos. 91-3557, 91-3604 and 91-3605.

970 F.2d 1523 (1992)

Carol WEAVER; Vicki Hahn; Sharron L. Carroll; Angela Segrist; Lois Kupferberg; Alice Tennenbaum, Plaintiffs-Appellants (91-3557), Cross-Appellees, v. The UNIVERSITY OF CINCINNATI, Defendant, Joseph L. Steger, President, University of Cincinnati; Jill Parris, Interim Vice-President for Human Resources and Human Relations for the University of Cincinnati, Defendants-Appellees, Cross-Appellants (91-3605), District 925, Service Employees International Union, Defendant-Appellee, Cross-Appellant (91-3604).

United States Court of Appeals, Sixth Circuit.

Decided July 23, 1992.

Attorney(s) appearing for the Case

Glenn M. Taubman, W. James Young (argued and briefed), Nat. Right to Work Legal Defense Foundation, Springfield, Va., J. Michael Dobyns, Rose & Dobyns, Cincinnati, Ohio, for plaintiffs-appellants, Cross-Appellees.

Eric C. Holzapfel (briefed), C.J. Schmidt (argued), Wood & Lamping, Cincinnati, Ohio, for University of Cincinnati, Steger and Parris.

Donald J. Mooney, Jr. (argued and briefed), Benesch, Friedlander, Coplan & Aronoff, Cincinnati, Ohio, for District 925, Service Employees Intern. Union.

Before: KEITH, Circuit Judge; LIVELY and TIMBERS, Senior Circuit Judges.

LIVELY, Senior Circuit Judge.

This case, brought under 42 U.S.C. § 1983, involves a challenge by nonunion employees of a public employer to the "fair share" or "agency" fees deducted from the plaintiffs' paychecks pursuant to a collective bargaining agreement between their employer and a union that had been certified as the exclusive bargaining representative. The parties filed cross-motions for summary judgment. The district court found that the fair share fee...

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