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CRONIN v. SEARS, ROEBUCK & CO.

Nos. 78-1166, 78-1179.

588 F.2d 616 (1978)

William G. CRONIN, Ferl F. Toll, William T. Roach, and Alfred D. Russom, Appellants, v. SEARS, ROEBUCK & COMPANY, a corporation and Teamsters Local Union No. 688, a labor organization, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided December 8, 1978.

Rehearing and Rehearing Denied January 3, 1979.

Attorney(s) appearing for the Case

Kenneth V. Byrne, Clayton, Mo., for Cronin, et al.

Kalvin M. Grove (on brief), Fox & Grove, Chicago, Ill., argued for Sears; Jeffrey S. Goldman and Martin K. Denis, Chicago, Ill., on brief.

Harry H. Craig (on brief), Wiley, Craig, Armbruster, Wilburn & Mills, St. Louis, Mo., argued for the Teamsters; Clyde E. Craig, St. Louis, Mo., on brief.

Before VAN OOSTERHOUT, Senior Judge, and LAY and BRIGHT, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 3, 1979.

LAY, Circuit Judge.

Plaintiffs brought this action in federal district court against their employer, Sears, Roebuck & Co., and their union, Teamsters Local 688, under § 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185(a). They alleged that Sears had breached its collective bargaining agreement by refusing to pay plaintiffs witness pay and that the union had breached its duty...

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