John C. Shimman v. International Union of Operating Engineers, Local 18

CORNELIA G. KENNEDY, Circuit Judge.

This appeal presents the question of whether Shimman could be awarded his attorney fees incurred during an earlier appeal in this case. We hold that there was no basis for the award and reverse.

I. Introduction

In 1973 John C. Shimman brought suit against the International Union of Operating Engineers, Local 18 (“Local 18”); the International Union of Operating Engineers, AFL-CIO; John Frank, an officer of Local 18; and Terry and James Grothaus, members of Local 18. The complaint alleged violations of § 101(a) of the Labor-Management Reporting Disclosure Act…