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RODONICH v. SENYSHYN

Nos. 54, 55, Dockets 92-7394, 93-9262.

52 F.3d 28 (1995)

Joseph RODONICH, Alex Chotowicky, Wasyl Lawro, Harry Diduck, Edward T. Markunas, Executor of the Estate of Harry Diduck, Plaintiffs-Appellants, v. John SENYSHYN, individually, and as president, John Roshetski, individually, and as treasurer, Stephen McNair, Joseph Sherman, Andrew Klebetz, Albert Bender, William Nahay, Phil Chillak, Joseph Pastroski, Samuel Adams, Harold Spellman, Peter Jones, John Slan, Earl Dupree, John Chillak, Albert Nahay, Defendants, Housewreckers Union Local 95 and Laborer's International Union of North America, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 10, 1995.

Attorney(s) appearing for the Case

Wendy E. Sloan, New York City (Lewis M. Steel, Hall & Sloan, of counsel), for plaintiffs-appellants.

Michael Barrett, Connerton, Ray & Simon, Washington, DC (Theodore T. Green, Laborers' Intern. Union of North America, of counsel), for defendant-appellee Laborers' Intern. Union of North America.1

Before: MINER, JACOBS, and PARKER, Circuit Judges.

JACOBS, Circuit Judge:

The question presented is whether a union member who sues his union under § 102 of the Labor Management Reporting and Disclosure Act ("LMRDA"), 29 U.S.C. § 412, is precluded from recovering attorney's fees from the union where the sole relief achieved is money damages. The United States District Court for the Southern District of New York (Cannella, J.) answered that question in the affirmative and therefore denied plaintiff...

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