CLAYTON v. ITT GILFILLAN

Nos. 77-2756, 77-2763.

623 F.2d 563 (1980)

Clifford E. CLAYTON, Appellee, v. ITT GILFILLAN, etc., et al., Appellant. Clifford E. CLAYTON, Appellant, v. ITT GILFILLAN, etc., et al., Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 14, 1980.


Attorney(s) appearing for the Case

Everett F. Meiners, Parker, Milliken, Clark & O'Hara, Los Angeles, Cal. (on brief), and Lawrence Rosenzweig, Los Angeles, Cal., argued, for appellants.

John T. McTernan (argued), Margolis, McTernan, Scope, Sacks & Epstein, Los Angeles, Cal., on brief, for appelles; Elizabeth Spector, Los Angeles, Cal., argued.

Before GOODWIN and KENNEDY, Circuit Judges, and TAYLOR, District Judge.


GOODWIN, Circuit Judge:

Clayton, a discharged employee, appeals from a district court judgment dismissing his action against ITT-Gilfillan for wrongful discharge under section 301 of the Labor Management Relations Act (29 U.S.C. § 185) and against his union for breach of its duty to represent him. We affirm the dismissal in favor of the union, but reverse the judgment in favor of the employer.1

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