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COSTANZO v. UNITED PARCEL SERVICE, INC.

No. 82 C 1738.

573 F.Supp. 1118 (1983)

Patrick COSTANZO, et al., Plaintiffs, v. UNITED PARCEL SERVICE, INC., and Local 804, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Defendants.

United States District Court, E.D. New York.

November 10, 1983.

Attorney(s) appearing for the Case

Robert D. Farkas, Scotch Plains, N.J., for plaintiffs.

Proskauer, Rose Goetz & Mendelsohn, New York City (Jeffrey A. Mishkin, Wanda Ellert, Joseph R. Knock, New York City, of counsel), for defendant United Parcel Service.

Cohen, Weiss & Simon, New York City (Stanley M. Berman, New York City, of counsel), for defendant Local 804.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Plaintiffs brought this action in the Supreme Court of the State of New York, Queens County, seeking declaratory and injunctive relief, and, without mentioning the Labor Management Relations Act (the Act), 29 U.S.C. § 141 et seq., alleged that defendant union breached its duty of fair representation and that defendant employer joined in that breach. Defendants United

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