MITCHELL v. UNITED PARCEL SERVICE

No. 748, Docket 79-7803.

624 F.2d 394 (1980)

William MITCHELL, Plaintiff-Appellant, v. UNITED PARCEL SERVICE, INC., and Department Store and Wholesale Drivers, Warehousemen and Helpers, Local Union # 177, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 3, 1980.


Attorney(s) appearing for the Case

David Jaroslawicz, New York City (Ira Leitel, Carol Mellor, and Leitel & Jaroslawicz, New York City, on the brief), for appellant Mitchell.

M. David Zurndorfer, New York City (Edward Silver, Mark L. Goldstein, and Proskauer, Rose, Goetz & Mendelsohn, New York City, on the brief), for appellee United Parcel Service, Inc.

Albert S. Parsonnet, Newark, N. J. (Parsonnet, Duggan & Pykon, Newark, N. J., on the brief), for appellee Department Store And Wholesale Drivers, Warehousemen And Helpers Local Union # 177.

Before KAUFMAN, Chief Judge, TIMBERS, Circuit Judge, and WERKER, District Judge.


TIMBERS, Circuit Judge:

Appellant William Mitchell appeals from a judgment entered in the Eastern District of New York, Charles P. Sifton, District Judge, dismissing his wrongful discharge complaint under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1976), as barred by the 90 day limitation period of § 7511 of the New York Civil Practice Law & Rules. The sole issue on appeal1 is whether the district...

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