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LOWE v. PATE STEVEDORING CO.

No. 76-2369.

558 F.2d 769 (1977)

John H. LOWE, Plaintiff-Appellant, v. PATE STEVEDORING CO., a corporation, Local 1402 of the International Longshoremen's Association, AFL-CIO and the International Longshoremen's Association, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Corrected on Denial of Rehearing and Rehearing December 5, 1977.

Attorney(s) appearing for the Case

Simson Unterberger, Tampa, Fla., for plaintiff-appellant.

Frank E. Hamilton, Jr., James B. Loper, Tampa, Fla., for Local 1402 of Intern. Longshoremen's Ass'n, AFL-CIO.

Lucius M. Dyal, Jr., Charles P. Schropp, Tampa, Fla., for Pate Stevedoring Co.

Before THORNBERRY, GODBOLD and FAY, Circuit Judges.

As Corrected on Denial of Rehearing and Rehearing En Banc December 5, 1977.

THORNBERRY, Circuit Judge:

Plaintiff, John H. Lowe, filed a complaint against Pate Stevedoring Company (Pate), and Local 1402 of the International Longshoremen's Association, AFL-CIO (Union), alleging that Pate unjustifiably discharged him and that the Union breached its duty of fair representation in processing his grievance. Lowe invoked jurisdiction pursuant to Section 301(a) of...

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