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CURTIS v. UNITED TRANSP. UNION

Nos. 82-1450, 82-1458.

700 F.2d 457 (1983)

William David CURTIS, Appellant/Cross-Appellee, v. UNITED TRANSPORTATION UNION, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 22, 1983.

Attorney(s) appearing for the Case

H. David Blair, Batesville, Ark., for appellant/cross-appellee.

Thomas A. Woodall, Rives & Peterson, Birmingham, Ala., for appellee/cross-appellant.

Before ROSS and McMILLIAN, Circuit Judges, and HENLEY, Senior Circuit Judge.

McMILLIAN, Circuit Judge.

William David Curtis filed a complaint in district court1 alleging that the United Transportation Union (UTU) breached its duty of fair representation. The court found that although UTU acted in good faith and to the best of its ability, the union breached its duty because it acted in a perfunctory manner. The court reasoned that if UTU "were instead a law firm and those...

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