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LIBHART v. SANTA MONICA DAIRY CO.

No. 76-2343.

592 F.2d 1062 (1979)

Glen W. LIBHART, Plaintiff and Appellant, v. SANTA MONICA DAIRY CO., a California Corporation, as itself and d/b/a Edgemar Farms, Santa Monica Dairy Co., a partnership d/b/a Edgemar Farms, Walter J. Michel, Individually and as a partner of Santa Monica Dairy Co., H. Ralph Michel, Individually and as a partner of Santa Monica Dairy Co., John M. Michel, Individually and as a partner of Santa Monica Dairy Co., William H. Michel, Individually and as a partner of Santa Monica Dairy Co., Richard A. Michel, Individually and as a partner of Santa Monica Dairy Co., International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Wholesale and Retail Dairy and Ice Cream Drivers, Local 306, Defendants and Appellees.

United States Court of Appeals, Ninth Circuit.

March 8, 1979.

Attorney(s) appearing for the Case

Gary K. Olsen (argued), Olsen & Sorrentino, Los Angeles, Cal., for plaintiff and appellant.

J. Nicholas Counter, III (argued), Los Angeles, Cal., for defendants and appellees.

Before HUG and TANG, Circuit Judges, and BURNS, District Judge.

HUG, Circuit Judge:

This is an action which was initially brought in a California state court by Libhart against his employer, Santa Monica Dairy Co., the individual owners of the dairy, and the union which represented him as bargaining agent. The dispute arose as a result of a change in relationship between the dairy and its route drivers, one of which was Libhart. When the collective bargaining agreement between the dairy and the drivers terminated, the dairy, with...

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