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BERIAULT v. LOCAL 40, SUPER CARGOES & CHECK. OF I. L. & W. U.

No. 72-2118.

501 F.2d 258 (1974)

Donn L. BERIAULT et al., Plaintiffs-Appellants, v. LOCAL 40, SUPER CARGOES & CHECKERS OF the INTERNATIONAL LONGSHOREMEN'S & WAREHOUSEMEN'S UNION et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 25, 1974.

Attorney(s) appearing for the Case

Sherman Kellar (argued), of Engel & Kellar, Portland, Or., for plaintiffs-appellants.

James H. Clarke (argued), of McColloch, Dezendorf, Spears & Lubersky, Portland, Or., Raymond J. Conboy (argued), of Pozzi, Wilson & Atchison, Portland, Or., for defendants-appellees.

Before HAMLEY, WRIGHT and KILKENNY, Circuit Judges.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

This is a a labor dispute in which plaintiffs appeal from the dismissal of their action for declaratory, injunctive and monetary relief against defendants for breach of the union's duty of fair representation and breach of a collective bargaining agreement.1 Jurisdiction is based on § 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185, and the Declaratory Judgments...

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