STEPHENSON, Circuit Judge.
Appellee William David Curtis brought suit against appellee United Transportation Union (U.T.U.) for breach of its duty of fair representation and against appellant St. Louis San Francisco Railway (the Frisco) for breach of the collective bargaining agreement. After the Frisco filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6), Curtis elected to nonsuit the Frisco pursuant to Fed.R.Civ.P. 41(a). The district court
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