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JAMES v. INTERNATIONAL BROTH. OF LOCOMOTIVE ENG'RS

No. 01-1257.

302 F.3d 1139 (2002)

Carl L. JAMES; Randy Derryberry; Ralph Saccomanno; Bruce Gates; Allen Bower; R.L. Garrison; Union Pacific Railroad Company General Committee of Adjustment; John Does 1-286 whose identities are currently unknown, Plaintiffs-Appellants, v. INTERNATIONAL BROTHERHOOD OF LOCOMOTIVE ENGINEERS, an unincorporated labor organization, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 27, 2002.

Attorney(s) appearing for the Case

John R. Olsen of Olsen & Brown, L.L.C., Niwot, CO, for Plaintiffs-Appellants.

Harold A. Ross of Ross & Kraushaar Co., L.P.A., Cleveland, Ohio, and Michael S. Wolly of Zwerdling, Paul, Leibig, Kahn & Wolly, P.C., Washington, D.C., for Defendant-Appellee.

Before SEYMOUR, McKAY, and MURPHY, Circuit Judges.

SEYMOUR, Circuit Judge.

This case involves a dispute between a union that consolidated its internal structure and one of its local affiliates eliminated by that consolidation. The union constitution requires mergers of local affiliates to be approved by a "majority" of members from the "affected" affiliates. Union members voted overwhelmingly in favor of the consolidation undertaken here, but a majority of the plaintiffs' affiliate opposed it. Interpreting a "majority...

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