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STEPANISCHEN v. MERCHANTS DESPATCH TRANSP. CORP.

No. 83-1355.

722 F.2d 922 (1983)

Simion STEPANISCHEN, Plaintiff, Appellant, v. MERCHANTS DESPATCH TRANSPORTATION CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 6, 1983.

Attorney(s) appearing for the Case

James F. Freeley, Jr., Boston, Mass., with whom John E. Sheehy, Boston, Mass., was on brief, for plaintiff, appellant.

Melvin A. Schwarz, Washington, D.C., with whom Dechert, Price & Rhoads, Washington, D.C., Martha Coakley, and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for defendant, appellee.

Before COFFIN, Circuit Judge, FAIRCHILD, Senior Circuit Judge, and BREYER, Circuit Judge.

COFFIN, Circuit Judge.

Simion Stepanischen appeals from a district court award of summary judgment to defendant Merchants Despatch Transportation Corporation (MDT). Following his discharge by MDT, Stepanischen brought claims for: (1) illegal discharge for union-organizing activities under the Railway Labor Act (RLA) Section 2 Fourth, 45 U.S.C. § 152 Fourth; (2) bad faith termination of an employee at will; and (3) defamation.

On September 1, 1976, Stepanischen...

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