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SEAR v. CADILLAC AUTO. CO. OF BOSTON

No. 80-1811.

654 F.2d 4 (1981)

George SEAR, et al., Plaintiffs, Appellants, v. CADILLAC AUTOMOBILE COMPANY OF BOSTON, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 14, 1981.

Attorney(s) appearing for the Case

Gail Pennington, Boston, Mass., with whom Patricia Randall and Homans, Hamilton, Dahmen & Marshall, Boston, Mass., were on brief, for appellants.

Thomas C. Cameron, Boston, Mass., with whom Philip T. Tierney and DiMento & Sullivan, Boston, Mass., were on brief, for defendant, appellee Metropolitan Automobile Salesmen, Local Union No. 122.

Lawrence C. Winger, Portland, Maine, with whom Herbert H. Bennett, Portland, Maine, was on brief, for defendant, appellee Cadillac Automobile Company of Boston.

Before COFFIN, Chief Judge, GIBSON, Senior Circuit Judge, and BREYER, Circuit Judge.

BREYER, Circuit Judge.

Appellants in this suit raise the question of whether a union's failure to appeal from a grievance arbitration award unfavorable to some of its members breaches the duty of fair representation it owes those members. We hold that in this case it does not. On the facts alleged here, the district court, 501 F.Supp. 1350, properly granted appellees' motion for summary judgment.

Appellants are a group...

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