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AGUINAGA v. UNITED FOOD & COM. WORKERS INTERN. UNION

Nos. 92-3091, 92-3093.

993 F.2d 1463 (1993)

Stephen T. AGUINAGA; Wayne Pappan; Janet Brown, individually and in behalf of all Union Members similarly situated, Plaintiffs-Appellants, v. UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION; United Food and Commercial Workers, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 19, 1993.

Attorney(s) appearing for the Case

Ken M. Peterson, Morris, Laing, Evans, Brock & Kennedy, Chartered, Wichita, KS (Robert W. Coykendall, Morris, Laing, Evans, Brock & Kennedy, Chartered, Robert C. Brown, Patricia M. Dengler, Smith, Shay, Farmer & Wetta, with him on the brief), for plaintiffs-appellants.

Laurence Gold, AFL-CIO Legal Dept., Washington, DC (Harry Huge, Steven K. Hoffman, Annette M. Capretta, Donovan Leisure, Rogovin, Huge & Schiller, Richard Roesel, United Food & Commercial Workers Intern. Union, with him on the brief), for defendants-appellees.

Before TACHA, McWILLIAMS, and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

This appeal arises from a hybrid breach of contract/unfair representation class action brought by 641 union members ("Plaintiffs") against their employer, John Morrell & Company ("Morrell"), the United Food and Commercial Workers International Union ("the Union"), and the Local Union 340, United Food and Commercial Workers ("the Local"), under § 301 of the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185. Plaintiffs alleged...

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