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NAGEL v. UNITED FOOD AND COMMERCIAL WORKERS LOCAL

No. 22-1303, No. 22-1330.

63 F.4th 730 (2023)

Matthew NAGEL, individually and on behalf of all others similarly situated, Plaintiff-Appellant, Jessica Becklund; Sharon Brown; Pat Darling; Dean Dugan; Matthew Giesler; Steven Giesler; Robert Haas; Jonathan Hamel; Lance Hanson; Eric Hazelbaker; Dawn Herzuck; Mark Hoffman; Anthony Jensen; John Legierski; Carl Lundberg; Martin Manley; Nicolas McBride; Judy McDowell; Shawn Moore; Daniel Morris; Bruce Olson; Mark Oslos; Luwana Meyer Pohl; Gregory Ponting; Dan Quant; Don Renfrow; Annette Ries; Donna Rohling; Paul Rowe; Becky Syverston; Patrick VanHoutan, Intervenor-Plaintiffs-Appellants, v. UNITED FOOD AND COMMERCIAL WORKERS LOCAL 653, Defendant-Appellee. Minneapolis Retail Meat Cutters and Food Handlers Pension Fund, Movant, Matthew Nagel, individually and on behalf of all others similarly situated, Plaintiff-Appellee. Jessica Becklund; Sharon Brown; Pat Darling; Dean Dugan; Matthew Giesler; Steven Giesler; Robert Haas; Jonathan Hamel; Lance Hanson; Eric Hazelbaker; Dawn Herzuck; Mark Hoffman; Anthony Jensen; John Legierski; Carl Lundberg; Martin Manley; Nicolas McBride; Judy McDowell; Shawn Moore; Daniel Morris; Bruce Olson; Mark Oslos; Luwana Meyer Pohl; Gregory Ponting; Dan Quant; Don Renfrow; Annette Ries; Donna Rohling; Paul Rowe; Becky Syverston; Patrick VanHoutan, Intervenor-Plaintiffs-Appellees, v. United Food and Commercial Workers Local 653, Defendant-Appellant. Minneapolis Retail Meat Cutters and Food Handlers Pension Fund, Movant.

United States Court of Appeals, Eighth Circuit.

Filed: March 24, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants/cross appellees and appeared on the brief was Scott Moriarity , of Minneapolis, MN. The following attorney(s) appeared on the appellants/cross appellees brief; Shawn Wanta , of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee/cross appellant and appeared on the brief was Timothy J. Louris , of Minneapolis, MN. The following attorney(s) appeared on the appellee/cross appellant brief; Emily L. Marshall , of Minneapolis, MN.

Before SMITH, Chief Judge, BENTON and STRAS, Circuit Judges.

Matthew Nagel opposed a new collective-bargaining agreement that passed by a 119-vote margin. He alleges that the union concealed key information, but only nine members said it would have made a difference. Without other evidence that the outcome of the vote would have changed, we affirm the grant of summary judgment to the...

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