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MALONE v. DELCO BATTERY-MUNCIE, DELCO-REMY ETC.

No. 74-2069.

540 F.2d 297 (1976)

Merlin Earl MALONE, Plaintiff-Appellant, v. DELCO BATTERY-MUNCIE, DELCO-REMY DIVISION OF GENERAL MOTORS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 13, 1976.

Rehearing Denied November 1, 1976.

Attorney(s) appearing for the Case

Robert S. Koor, Archie Lapin, Muncie, Ind., for plaintiff-appellant.

Herbert C. Snyder, Jr., Indianapolis, Ind., for defendant-appellee.

Before FAIRCHILD, Chief Judge, and SWYGERT and SPRECHER, Circuit Judges.

FAIRCHILD, Chief Judge.

Plaintiff, a retired employee of General Motors Corporation (Delco), brought an action in an Indiana Court. He sought damages for the refusal of Delco to reinstate him, contending that a provision of the collective bargaining agreement entitled him to reinstatement. Delco removed the action to the district court since it was an action within Section 301, L.M.R.A., 29 U.S.C. § 185, 28 U.S.C. § 1337. On Delco's motion for summary judgment...

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