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SMITH v. UNITED PARCEL SERVICE, INC.

No. 95-4172.

96 F.3d 1066 (1996)

V. Kirk SMITH, Plaintiff-Appellant, v. UNITED PARCEL SERVICE, INC.; International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, Local Union No. 41, Over-the-Road and City Transfer Drivers, Helpers, Dockmen and Warehouse Men, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 16, 1996.

Attorney(s) appearing for the Case

Michael A. LeVota, argued, Independence, MO, for appellant.

James G. Walsh, Jr., argued, Kansas City, MO, for appellee IBT.

Brian J. Finucone, argued, Kansas City, MO (Leonard Singer, on the brief), for appellee United Parcel Service.

Before RICHARD S. ARNOLD, Chief Judge, F. GIBSON, Senior Circuit Judge, and KORNMANN, District Judge.

KORNMANN, District Judge.

V. Kirk Smith, appellant, brought a claim pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, against United Parcel Services, Inc. ("UPS") for breach of a collective bargaining agreement and a claim against Teamsters Local 41 ("the union") for breach of the duty of fair representation. The District Court1 granted summary judgment to UPS and to the union. Smith appeals, contending...

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