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WYATT v. INTERSTATE & OCEAN TRANSPORT CO.

Civ. A. No. 77-462-N.

439 F.Supp. 1310 (1977)

Earnest Earl WYATT, Plaintiff, v. INTERSTATE & OCEAN TRANSPORT COMPANY (formerly Interstate Oil Transport Co.) and Inland Boatmen's Union of the Seafarer's International Union of North America, Atlantic, Gulf Lakes and Inland Waters District, A.F.L.-C.I.O., Defendants.

United States District Court, E. D. Virginia, Norfolk Division.

October 14, 1977.

Attorney(s) appearing for the Case

Rabinowitz, Rafal & Swartz, Norfolk, Va., for plaintiff.

Jett, Berkley & Furr, Norfolk, Va., for Interstate & Ocean.

Breit, Rutter & Montagna, Norfolk, Va., for Inland Boatmen's.

OPINION AND ORDER

CLARKE, District Judge.

This is an action brought by a discharged employee against his former employer for wrongful discharge and against his union for failing to fairly represent him in asserting this grievance. The question before the Court at this juncture is whether to stay these proceedings pending arbitration of the plaintiff's grievance or conversely whether to enjoin arbitration and let this action continue. Jurisdiction is grounded...

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