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SHIMMAN v. MILLER

No. 92-3399.

995 F.2d 651 (1993)

Ervin SHIMMAN, Plaintiff-Appellant, v. Frank J. MILLER, Individually and as Business Manager and Editor of the Buckeye Engineer, Local Union No. 18, 18A, 18B, 18C, 18RA and 18G, International Union of Operating Engineers; and Local Union No. 18, 18A, 18B, 18C, 18RA and 18G, International Union of Operating Engineers, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 14, 1993.

Rehearing Denied July 27, 1993.

Attorney(s) appearing for the Case

Alan Miles Ruben (briefed) and Stephen W. Gard (argued and briefed), Cleveland, OH, for plaintiff-appellant.

William Fadel (argued) and Kathleen M. Sasala (briefed), Wuliger, Fadel & Beyer, Cleveland, OH, for defendants-appellees.

Before: NORRIS and SILER, Circuit Judges; and HOOD, District Judge.

ALAN E. NORRIS, Circuit Judge.

Plaintiff, Ervin Shimman, appeals the district court's judgment for defendants Frank J. Miller and the International Union of Operating Engineers, Local 18, in this action brought pursuant to the Labor-Management Reporting and Disclosure Act, 29 U.S.C. §§ 401-531. We are asked to decide whether defendants' refusal to publish plaintiff's letter to the editor in the union's newsletter violates the free speech provision of the...

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