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AGUINAGA v. UNITED FOOD & COMMERCIAL WORKERS INT'L UNION

Nos. 94-3154, 94-3208.

58 F.3d 513 (1995)

Stephen T. AGUINAGA, Wayne Pappan, Janet Brown, individually and on behalf of all other Union members similarly situated, Plaintiffs-Appellees, v. UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 13, 1995.

Attorney(s) appearing for the Case

Ken M. Peterson (Robert W. Coykendall of Morris, Laing, Evans, Brock & Kennedy and Robert C. Brown and Patricia M. Dengler of Brown, Dengler, Good & Rider, L.C. with him on the brief), Wichita, KS, for plaintiffs-appellees.

Steven K. Hoffman of Guerrieri, Edmond & James (Richard Roesel of United Food and Commercial Workers Intern. Union with him on the brief), Washington, DC, for defendant-appellant.

Before EBEL, Circuit Judge, BRIGHT and McWILLIAMS, Senior Circuit Judges.

BRIGHT, Senior Circuit Judge.

I. Introduction

We now consider the third appeal in this action arising 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, AFL-CIO/CLC ("the Union"), and the Local Union 340, United Food and Commercial Workers ("the Local"), under § 301 of...

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