CLAYTON v. REPUBLIC AIRLINES, INC.

No. 82-3395.

716 F.2d 729 (1983)

E.G. CLAYTON, James E. Barott, Don Kocina, James C. Smith, Paul Shoaff and W.L. Hicks, Plaintiffs/Appellants, v. REPUBLIC AIRLINES, INC. and Air Line Employees Association, International, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1983.


Attorney(s) appearing for the Case

Jon Howard Rosen, Frank & Rosen, Seattle, Wash., for plaintiffs/appellants.

Lawrence Schwerin, Hafer, Cassidy & Price, Seattle, Wash., for defendants/appellees.

Before SKOPIL, PREGERSON and FERGUSON, Circuit Judges.


FERGUSON, Circuit Judge:

Former employees of Hughes Air West appeal a district court order dismissing their claim of breach of a duty of fair representation. The court dismissed on the basis that exclusive jurisdiction over this matter lies with the Civil Aeronautics Board.

We reverse.

FACTS:

Defendant Republic Airlines acquired Hughes Air West effective October 1, 1980. For the purposes of the instant suit, this acquisition is indistinguishable...

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