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SMITH v. BABCOCK & WILCOX CO., ETC.

Civ. A. No. CV181-182.

549 F.Supp. 190 (1982)

Melvin SMITH, Plaintiff, v. BABCOCK & WILCOX COMPANY, REFRACTORIES DIVISION, AUGUSTA, GEORGIA, First Defendant, v. INDUSTRIAL MAINTENANCE AND PRODUCTION WORKERS LOCAL UNION NO. 1137, Second Defendant.

United States District Court, S.D. Georgia, Augusta Division.

September 29, 1982.

Attorney(s) appearing for the Case

Jack L. Cooper, Augusta, Ga., for plaintiff.

Michael C. Garrett, Augusta, Ga., for second defendant.

J. Thomas Kilpatrick, Atlanta, Ga., for first defendant.

ORDER

BOWEN, District Judge.

This is an action under section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185, for alleged employer violation of a collective bargaining agreement and union breach of its duty of fair representation. Both defendants have submitted motions for summary judgment.

I. UNDISPUTED FACTS

The following facts, viewed in the light most favorable to the plaintiff, emerge as uncontested. On September...

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