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MESSMAN v. HELMKE

No. 96-4038.

133 F.3d 1042 (1998)

Michael MESSMAN, Keith Oberlin, Daniel West, Richard Sorg, James Noll, Robert Amber, and Michael Heastan, Plaintiffs-Appellants, v. Paul HELMKE, Payne Brown, Timothy McCaulay, Steven Hinton, Charles Weinraub, Hana Stith, Donald Stedge, City of Fort Wayne, and Professional Firefighters Union, Local 124 IAFF, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 15, 1998.

Attorney(s) appearing for the Case

Michael L. Muenich (submitted on brief), Nancy Beggs, Hand, Muenich & Wilk, Highland, IN, John C. Ruckelshaus, Roland, Hasbrook & O'Connor, Indianapolis, IN, for Plaintiffs-Appellants.

J. Timothy McCaulay, Helmke, Beams, Boyer & Wagner, Fort Wayne, IN, for Paul Hemke, Payne Brown, Steve Hinton and Charles Weinraub.

Joseph R. Reyna, Thomas A. Woodley, Douglas Steele, Mulholland & Hickey, Washington, DC, for Fort Wayne Professional Fire Fighters Union, Local 124 IAFF.

Before POSNER, Chief Judge, and BAUER and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

Seven City of Fort Wayne firefighters brought this suit under 42 U.S.C. § 1983, challenging a provision in a collective bargaining agreement (CBA) between the City and the Firefighters Union that prohibits city firefighters from participating in other firefighting organizations. The firefighters also challenge a provision of the Union's constitution that prohibits advocacy of, or membership in, other firefighting organizations...

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