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JOHNSON v. SOFT DRINK WORKERS UNION, LOCAL 812

No. 83 Civ. 2388(MP).

568 F.Supp. 1203 (1983)

Jose JOHNSON, Plaintiff, v. SOFT DRINK WORKERS UNION, LOCAL 812, a/w International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Pepsico, Inc., Pepsi-Cola Company, Pepsi-Cola Bottling Company, Inc. d/b/a Pepsi-Cola Bottling Group, Defendants.

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

August 18, 1983.

Attorney(s) appearing for the Case

Andrew P. Mantovani, New York City, for plaintiff.

Shapiro, Shiff, Beilly, Rosenberg & Fox by Sidney Fox, New York City, for Soft Drink Workers Union, defendant.

Kilpatrick & Cody by David Palmer, Joseph W. Dorn, Washington, D.C., for Pepsi-Cola defendants.

MEMORANDUM

MILTON POLLACK, District Judge.

Plaintiff brings this action against his former employer and his union claiming that the union breached its duty of fair representation to him in connection with the arbitration proceedings regarding his discharge. The Pepsi-Cola defendants have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The defendant union has moved to dismiss the complaint for failure to state a claim...

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