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DUNCAN v. PENINSULA SHIPBUILDERS ASSOCIATION

No. 11864.

394 F.2d 237 (1968)

James B. DUNCAN, Appellant, v. PENINSULA SHIPBUILDERS ASSOCIATION and Newport News Shipbuilding and Dry Dock Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 25, 1968.

Attorney(s) appearing for the Case

Louis Ellenson, Newport News, Va. (Ellenson & Fox, Newport News, Va., Seymour J. Ugelow, and Goldweber, Ugelow, Hershkowitz & Balsam, Jamaica, N. Y., on the brief), for appellant.

James A. Harper, Jr., Richmond, Va. (Patrick A. Gibson and Paul M. Thompson, and Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., on the brief), for appellee, Newport News Shipbuilding and Dry Dock Company.

Herbert V. Kelly, Newport News, Va. (Jones, Blechman, Woltz & Kelly on the brief), for appellee Peninsula Shipbuilders Association.

Before HAYNSWORTH, Chief Judge, BRYAN, Circuit Judge, and RUSSELL, District Judge.

ALBERT V. BRYAN, Circuit Judge:

Suing exclusively upon the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 401 et seq., James B. Duncan asks damages of his former union, Peninsula Shipbuilders Association and of his former employer, Newport News Shipbuilding and Dry Dock Company, at Newport News, Virginia, 29 U.S.C. §§ 412, 529.1

The premise of recovery pleaded...

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