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WINTER v. LOCAL UNION NO. 639, ETC.

Nos. 75-1948, 75-1949.

569 F.2d 146 (1977)

Edward A. WINTER, Appellant, v. LOCAL UNION NO. 639, AFFILIATED WITH the INTERNATIONAL BROTHERHOOD OF TEAMSTERS and Maloney Concrete Company (two Cases).

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1977.

Rehearing Denied February 14, 1978.

Attorney(s) appearing for the Case

John V. Long, Washington, D. C., for appellant.

Thomas J. Hart, Washington, D. C., with whom S. G. Lippman, Washington, D. C., was on the brief, for appellee Local 639 IBT.

Kevin W. Carmody, Washington, D. C., with whom Charles J. Steele, Washington, D. C., was on the brief, for appellee, Maloney Concrete Company.

Before TAMM, MacKINNON and WILKEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILKEY.

Dissenting opinion filed by Circuit Judge MacKINNON.

WILKEY, Circuit Judge:

This case involves a suit by plaintiff Winter against his employer, Maloney Concrete Co., for breach of contract, and against his union, Teamsters Local 639, for breach of its duty of fair representation. The facts are simple and undisputed. In 1971, Winter filed a grievance asserting...

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