HOWARD v. ALUMINUM WORKERS INTERN., ETC.

No. 77-1046.

589 F.2d 771 (1978)

David L. HOWARD, Douglas R. Branch, Herbert W. Cumbea, Ulric S. Sledd, Jr., Clarence W. Holmes, Tommie M. Lawrence, Jerry Ancarrow, Douglas E. Crawley, Jerry Pleasants, Paul Tedder, Nelson Cook, Louis Brown, Sr., Richard A. Cotman, Robert Graves, Jr., Cora Lee Melton, Herbert A. Willis, Sr., Eugene R. McCray, Edward S. Fleming, Elsie Shinault, Donald C. Knight, George O. Burnett, Earl E. Graves, Helene M. Chapman, Helene LeGrande, Mary E. Stanton, Sherwood A. Harris, M. B. Burton, Marshall S. Caudle, Ruth Banks, Raymond Robinson, Thomas Patterson, Kenneth Edmons, Theodore James, Joseph Eddy, Jr., on their behalf and on behalf of those similarly situated, Appellants, v. ALUMINUM WORKERS INTERNATIONAL UNION AND LOCAL 400, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 26, 1978.


Attorney(s) appearing for the Case

J. Thomas McGrath, Richmond, Va. (McGrath & Geary, Richmond, Va., on brief), for appellants.

Thomas P. Powers, Washington, D. C. (Donald M. Murtha, Washington, D. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and RUSSELL and WIDENER, Circuit Judges.


HAYNSWORTH, Chief Judge:

Howard's complaint was dismissed as time-barred by the two-year statute of limitations governing personal injury suits contained in § 8-24 Virginia Code Ann. (1957 Repl.Vol.).1 He appeals and we affirm.

On May 12, 1976, Howard and thirty-three of his co-workers filed suit against the Aluminum Workers union and its Richmond local alleging the unions had broken the duty of fair representation imposed...

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