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BABLER v. FUTHEY

No. 09-4455.

618 F.3d 514 (2010)

John W. BABLER; Victor Baffoni; James R. Cumby; John D. Fitzgerald; Constantino A. Iannone, Plaintiffs-Appellees, v. Malcolm B. FUTHEY, Jr., Individually and in his official capacity; Executive Board of the United Transportation Union; James Huston, Individually and in his official capacity; John Risch, Individually and in his official capacity; Joseph Boda, Jr., Individually and in his official capacity; Stephen T. Dawson, Individually and in his official capacity; Kevin Goring, Individually and in his official capacity, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2010.

Attorney(s) appearing for the Case

ARGUED: Joseph Guerrieri, Jr. , Guerrieri, Clayman, Bartos & Parcelli, P.C., Washington, D.C., for Appellants. Joyce Goldstein , Goldstein Gragel, LLC, Cleveland, Ohio, for Appellees. ON BRIEF: Joseph Guerrieri, Jr. , Elizabeth A. Roma , Jeffrey A. Bartos , Guerrieri, Clayman, Bartos & Parcelli, P.C., Washington, D.C., Charles R. Both , Law Offices of Charles R. Both, Washington, D.C., for Appellants. Joyce Goldstein , Gina Fraternali , Goldstein Gragel, LLC, Cleveland, Ohio, for Appellees.

Before SILER and GIBBONS, Circuit Judges; REEVES, District Judge.

OPINION

SILER, Circuit Judge.

This appeal is brought under the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 401 et seq. ("LMRDA"). Defendants Malcolm B. Futhey, Jr., the United Transportation Union ("UTU") Executive Board, James Huston, John Risch, Joseph Boda, Jr., Stephen T. Dawson, and Kevin Goring (collectively "Defendants") appeal the district court's grant of a preliminary injunction in favor of Plaintiffs John W....

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