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SIMMS v. LOCAL 1752, ILA ASSOCIATION

No. 16-60073.

838 F.3d 613 (2016)

Patrick SIMMS, Plaintiff-Appellant, v. LOCAL 1752, INTERNATIONAL LONGSHOREMEN ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED September 29, 2016.

Attorney(s) appearing for the Case

William L. Messenger , Brandon Rowland , National Right to Work Legal Defense Foundation, Springfield, VA, for Plaintiff-Appellant.

J. Cecil Gardner , Thomas Matthew Loper, Esq. , Gardner Firm, P.C., Mobile, AL, James B. Coppess , AFL-CIO, Samuel Huntington Heldman , Gardner Firm, Washington, DC, for Defendant-Appellee.

Before KING, SMITH, and COSTA, Circuit Judges.

Patrick Simms, who is not a union member, was denied referral for employment because he refused to pay a fee to use the union's hiring hall. The district court dismissed his suit asserting that the fee was unlawful. We find no error and AFFIRM.

I. FACTUAL AND PROCEDURAL BACKGROUND

As alleged in the complaint...

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