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SMITH v. DAWS

No. 79-1581 Summary Calendar.

614 F.2d 1069 (1980)

Susan T. SMITH, Plaintiff-Appellant, v. E. H. DAWS, as Postmaster, United States Postal Service, Miami, Florida, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 4, 1980.

Attorney(s) appearing for the Case

James J. McVeigh, Miami, Fla., for plaintiff-appellant.

Lloyd G. Bates, Jr., Asst. U. S. Atty., Miami, Fla., Thomas H. Pigford, Senior Asst. Reg. Labor Counsel, Labor Law Div., Postal Service, Memphis, Tenn., for defendant-appellee.

Before RONEY, KRAVITCH and TATE, Circuit Judges.

TATE, Circuit Judge:

The plaintiff-appellant appeals from summary judgment dismissing her suit for wrongful discharge as a postal employee. Her complaint was founded on 39 U.S.C. Section 1208(b), which authorizes suit in federal district court for breach of a contract between the Postal Service and a labor organization representing its employees. The district court held that the decision of the arbitrator, pursuant to grievance procedures, was final and binding under...

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