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McCLAIN v. MACK TRUCKS, INC.

Civ. A. No. 78-382.

494 F.Supp. 114 (1980)

Calvin McCLAIN, Individually and on behalf of a class of all others similarly situated v. MACK TRUCKS, INC., Mack Boulevard, Allentown, Pennsylvania and Local 677, United Auto Workers, an unincorporated association, 2101 Mack Boulevard, Allentown, Pennsylvania and United Auto Workers, 8000 East Jefferson Boulevard, Detroit, Michigan.

United States District Court, E. D. Pennsylvania.

June 12, 1980.

Attorney(s) appearing for the Case

Charles Bowser, William H. Bishop, III, Philadelphia, Pa., for plaintiff.

Carter Buller, Jonathan Boxer, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for Mack Trucks.

Richard H. Markowitz, Philadelphia, Pa., for United Auto Workers.

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

A lengthy history of absences from work apparently prompted defendant Mack Trucks, Inc. (Mack) to discharge plaintiff, who later sued both his employer and unions, defendants International Union, United Automobile Aerospace and Agricultural Implement Workers of America and Local 677.1 The unions now move for summary judgment or alternatively to dismiss the paragraphs in the complaint...

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