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SCHUM v. SOUTH BUFFALO RAILWAY CO.

No. 457, Docket 73-2276.

496 F.2d 328 (1974)

James C. SCHUM, Appellant, v. SOUTH BUFFALO RAILWAY CO., Appellee.

United States Court of Appeals, Second Circuit.

Decided April 25, 1974.

Attorney(s) appearing for the Case

Grover R. James, Jr., Buffalo, N. Y. (Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N. Y., on the brief), for appellee.

Lauren D. Rachlin, Buffalo, N. Y. (Rachlin & Rachlin, Buffalo, N. Y., on the brief), for appellant.

Before FRIENDLY and MANSFIELD, Circuit Judges, and ZAMPANO, District Judge.

ZAMPANO, District Judge:

James C. Schum, a former employee of the South Buffalo Railway Company, instituted this suit with a complaint alleging four causes of action, one based upon wrongful discharge by the railroad in violation of the collective bargaining agreement between the union and the company, and the remaining three counts against the union and its General Chairman for breach of their duty of fair representation. The district court granted the railroad's...

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