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CORNS v. LABORERS INTERN. UNION OF NORTH AMERICA

No. 11-15737.

709 F.3d 901 (2013)

Alex CORNS, Plaintiff-Appellant, v. LABORERS INTERNATIONAL UNION OF NORTH AMERICA; Northern California District Council of Laborers; Hod Carriers Local Union 166, affiliated with the Laborers International Union of North America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2013.

Attorney(s) appearing for the Case

Christopher W. Katzenbach (argued), Katzenbach & Khtikian, San Francisco, CA, for Plaintiff-Appellant.

Roberta D. Perkins (argued), Weinberg, Roger & Rosenfeld, Alameda, CA, for Defendants-Appellees.

Opinion by Judge PAEZ; Concurrence by Judge BYBEE.

OPINION

PAEZ, Circuit Judge:

Plaintiff Alex Corns, a now-retired member of Defendant Hod Carriers Local Union No. 166 ("Local 166"), filed this lawsuit under § 101(a)(3) of the Labor-Management Reporting and Disclosure Act ("LMRDA"), 29 U.S.C. § 411(a)(3), to challenge the legality of an organizing fee and a dues increase imposed on Local 166 members by the local union's umbrella labor organizations. Corns alleges that the labor organizations could...

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