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937 F2d 612 Lynn v. Sheet Metal Workers' International Association

937 F.2d 612

Unpublished Disposition

Edward LYNN, Plaintiff-Appellee/Cross-Appellant,
v.
SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, et al.,
Defendants-Appellants/Cross-Appellee.

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

1

Nos. 90-55075, 90-55113.

2

United States Court of Appeals, Ninth Circuit.

Argued and Submitted April 5, 1991.
Decided July 15, 1991.

3

Before SCHROEDER and REINHARDT, Circuit Judges, and KING,* District Judge.

4

MEMORANDUM**

5

There was substantial evidence supporting the district court's finding of malice as a basis for awarding punitive damages. That evidence consisted of plaintiff's uncontested testimony that two international representatives told him that he would never work in the Union again. In light of other evidence in the record, the District Court could have construed those statements as referring to work at the trade rather than work as a union official. The burden of proof on the issue of mitigation of damages, which was on the defendants, was not sustained. The court should not have retaxed costs. The award of attorneys' fees is not excessive.

6

The judgment of the district court is AFFIRMED except as to the retaxing of costs. The clerk's order taxing costs in the amount of $2,910.74 is reinstated. Plaintiff is awarded attorneys' fees on this appeal in the amount of $5,000.

7

SO ORDERED.

*

Honorable Samuel P. King, Senior United States District Judge for the District of Hawaii, sitting by designation

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3