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WISE v. BRANIFF AIRWAYS, INC.

No. 79-1013.

622 F.2d 738 (1980)

David W. WISE et al., Plaintiffs-Appellants, v. BRANIFF AIRWAYS, INCORPORATED et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 15, 1980.

Attorney(s) appearing for the Case

Les Weisbrod, Marvin Menaker, Dallas, Tex., for plaintiffs-appellants.

Akin, Gump, Hauer & Feld, Charles L. Warren, Laurence J. Hoffman, John J. Gallagher, Washington, D. C., McGuire, Levy, Collins, & McGurley, John E. Collins, Irving, Tex., Thaddeus M. Sims, Atty.—Legal Dept., DFW Airport, Tex., for defendants-appellees.

Before TUTTLE, RANDALL and TATE, Circuit Judges.

TUTTLE, Circuit Judge:

This is an appeal from the granting of summary judgment dismissing an action brought by 11 radio mechanics of Braniff Airways for refusal to comply with a final grievance settlement, and against their union, for failing fairly to represent them in enforcing the terms of the settlement. We conclude that the trial court erred in dismissing the plaintiffs' case.

The 11 plaintiffs were employed as radio mechanics by Braniff in Dallas at...

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