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ANDERSON v. INTERN. UNION, UNITED PLANT GUARD

No. 01-1253.

370 F.3d 542 (2004)

Gary ANDERSON, Louis Scohy, and George Squier, Plaintiffs-Appellees, v. THE INTERNATIONAL UNION, UNITED PLANT GUARD WORKERS OF AMERICA (UPGWA), International Executive Board of the UPGWA, Pension Committee of the UPGWA, and Retirement Plan of the UPGWA, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 7, 2004.

Attorney(s) appearing for the Case

E. Michael Morris (argued and briefed), Morris & Doherty, Birmingham, MI, Charles J. Porter (briefed), Office of Charles J. Porter, Clarkston, MI, for Plaintiffs-Appellees.

Barbara M. Harvey (argued and briefed), Detroit, MI, for Defendants.

Before: MERRITT, MOORE, and GILMAN, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which GILMAN, J., joined. MERRITT, J. (pp. 556-57), delivered a separate dissenting opinion.

OPINION

MOORE, Circuit Judge.

This appeal addresses the question of whether the doctrine of apparent authority bound a union to its officers' self-dealing transaction entered into in clear violation of the union's constitution. We hold that it did not.

Gary Anderson ("Anderson"), Louis Scohy ("Scohy...

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