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ALEXANDER v. LOCAL 496, LABORERS' INTERN. UNION

Nos. 96-3806, 98-3823, 98-3854, 98-3857 and 98-3858.

177 F.3d 394 (1999)

Davine ALEXANDER, et al., Plaintiffs-Appellees/Cross-Appellants (96-3858), v. LOCAL 496, LABORERS' INTERNATIONAL UNION OF NORTH AMERICA; Floyd Conrad, Defendants-Appellants (96-3823/3854)/Cross-Appellees, Laborers' International Union of North America, Defendant-Appellant (96-3806/3857)/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 30, 1999.

Rehearing and Suggestion for Rehearing Denied June 30, 1999.

Attorney(s) appearing for the Case

Theodore T. Green (argued and briefed), Laborers' International Union of North America, Washington, D.C., Alan S. Belkin (argued and briefed), Law Offices of Alan S. Belkin, Cleveland, Ohio, Eben O. McNair, IV, Timothy J. Gallagher (briefed), Schwarzwald & Rock, Cleveland, Ohio, for Appellants.

Edward G. Kramer (argued and briefed), KRAMER & NIERMANN, Cleveland, Ohio, Alan C. Rossman (argued and briefed), Schrieber, Rossman & Associates, Kenneth J. Kowalski, David G. Oakley (briefed), Kramer & Niermann, Cleveland, Ohio for Appellees.

Before: KEITH, BATCHELDER, and COLE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied June 30, 1999.

COLE, J., delivered the opinion of the court, in which KEITH, J., joined. BATCHELDER, J. (pp. 414-29), delivered a separate opinion concurring in part and dissenting in part.

OPINION

COLE, Circuit Judge.

Defendants, Local Union 496, Laborers' International Union of North America ("Local 496"), Floyd Conrad, and Laborers' International Union of North America ("LIUNA"), appeal...

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