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CUSSIMANIO v. KANSAS CITY SOUTHERN RY. CO.

No. 50,851

5 Kan. App. 2d 379 (1980)

617 P.2d 107

JOHN L. CUSSIMANIO, Appellant, v. KANSAS CITY SOUTHERN RAILWAY COMPANY and UNITED TRANSPORTATION UNION, Appellees.

Court of Appeals of Kansas.

Opinion filed September 26, 1980.

Attorney(s) appearing for the Case

Fred Spigarelli, of Pittsburg, for appellant.

R.L. White, of White & Hudson, Chartered, of Pittsburg, for appellee Kansas City Southern Railway Company.

Daniel D. Sawyer, of Hubbell, Lane & Sawyer, of Kansas City, Missouri, and Douglas L. Baker, of Pittsburg, for appellee United Transportation Union.

Before ABBOTT, P.J., REES and PARKS, JJ.

ABBOTT, J.:

This is an appeal from an order granting summary judgment against the plaintiff, John L. Cussimanio, and in favor of the defendants, Kansas City Southern Railway Company (employer) and United Transportation Union (union), in plaintiff's suit based on his alleged wrongful discharge from employment and the union's alleged unfair representation.

The essential facts are not in dispute. The record consists solely of pleadings, affidavits and medical...

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