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KEPPARD v. INTERNATIONAL HARVESTER CO.

No. 75-3602.

581 F.2d 764 (1978)

Frank KEPPARD, Appellant, v. INTERNATIONAL HARVESTER CO. and International Union, United Automobile-Aerospace-Agricultural Implement Workers of America, Appellees.

United States Court of Appeals, Ninth Circuit.

September 7, 1978.

Attorney(s) appearing for the Case

Frederic L. Harvey (argued), Berkeley, Cal., for appellant.

Noble K. Gregory, San Francisco, Cal. (argued), Lawrence Rosenzweig (argued), of Levy, Koszdin & Woods, Los Angeles, Cal., for appellees.

Before KILKENNY and GOODWIN, Circuit Judges, and PALMIERI, District Judge.

GOODWIN, Circuit Judge:

A union member appeals a summary judgment denying relief in his action against his union for failure to represent him and against his employer for back pay. Frank Keppard is an employee of International Harvester and a member of the United Automobile Workers. In 1966 he was injured on the job and became unable to work. He sought to return to work in 1971, but International refused to take him back. He thereupon filed a grievance with the union...

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