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THOMPSON v. UNITED TRANSP. UNION

No. 09-1223.

588 F.3d 568 (2009)

Alan E. THOMPSON; Darrell G. Hinrichsen; Keith P. Fogel; Wallace E. Alm; Donald D. Boe, Appellants, v. UNITED TRANSPORTATION UNION, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 8, 2009.

Attorney(s) appearing for the Case

Stephen J. Holtman, argued, Roger W. Stone, and Kerry A. Finley, on the brief, Cedar Rapids, IA, for appellant.

Carmen Rose Parcelli, argued, Elizabeth A. Roma, on the brief, Washington, DC, for appellee.

Before WOLLMAN, MURPHY, and BYE, Circuit Judges.

WOLLMAN, Circuit Judge.

Alan E. Thompson, Darrel G. Hinrichsen, Keith P. Fogel, Wallace E. Alm, and Donald D. Boe, sued the United Transportation Union, alleging that the union breached its duty of fair representation by choosing to distribute the surplus of a settlement fund to the entire membership of the union, rather than distributing it to the plaintiffs. The district court1 granted the defendant's motion for summary judgment and...

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