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BANKS v. UNTERNATIONAL UNION ELECTRONIC

No. 03-3982.

390 F.3d 1049 (2004)

Wilford BANKS, Appellant, v. INTERNATIONAL UNION ELECTRONIC, ELECTRICAL, TECHNICAL, SALARIED AND MACHINE WORKERS; Communications Workers of America; Council of Industrial Organizers, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 3, 2004.

Rehearing Denied January 4, 2005.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellee, International Union of Electrical Workers-Communication Workers of America, was Elizabeth A. Saindon, Washington, D.C. Also appearing on the brief are John R. Mooney and Richard Welch, Washington, D.C.

Counsel who presented argument on behalf of the appellee, Council of Industrial Organizers, was Randall G. Wright, Little Rock, Arkansas.

Before RILEY, LAY, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Wilford Banks ("Banks") appeals the dismissal of his case. The district court1 found res judicata and collateral estoppel barred Banks from suing International Union of Electrical Workers-Communication Workers of America ("IUE-CWA") and Council of Industrial Organizers ("CIO") a second time where the second suit was based upon the same factual allegations as a prior suit...

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