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AMERICAN POSTAL WORKERS v. U.S. POSTAL SERVICE

No. 80-4250.

682 F.2d 1280 (1982)

AMERICAN POSTAL WORKERS UNION AFL-CIO, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, San Francisco Bulk Mail Center, Richmond, California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1982.

Attorney(s) appearing for the Case

Stewart Weinberg, Van Bourg, Allen, Weinberg & Roger, San Francisco, Cal., for plaintiff-appellant.

Stephen E. Alpern, Associate Gen. Counsel, Washington, D. C., for defendants-appellees; George Christopher Stoll, Asst. U. S. Atty., San Francisco, Cal., on brief.

Before WALLACE and PREGERSON, Circuit Judges, and BYRNE, District Judge.

WALLACE, Circuit Judge:

The American Postal Workers Union (the union) appeals from a district court judgment denying enforcement of an arbitration order. The district court determined that the arbitration order compelled the United States Postal Service (Postal Service) to perform an illegal act and was therefore unenforceable. We affirm.

I

The union brought this action on behalf of Michael Murphy (Murphy), a union member discharged by the Postal...

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