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DUTRISAC v. CATERPILLAR TRACTOR CO.

No. 81-4251.

749 F.2d 1270 (1983)

Norman E. DUTRISAC, Plaintiff, and Bill Gamble, Plaintiff/Appellee, v. CATERPILLAR TRACTOR CO., Defendant, and International Association of Machinists, District Lodge No. 115, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 19, 1983.

Attorney(s) appearing for the Case

Thomas Titmus, Dodge, Reyes, Brorby, Randall & Titmus, Walnut Creek, Cal., for plaintiff/appellee.

Steven L. Stemerman, Davis, Cowell & Bowe, San Francisco, Cal., for defendant/appellant.

Before SCHROEDER, FLETCHER and NORRIS, Circuit Judges.

FLETCHER, Circuit Judge:

Bill Gamble was fired by Caterpillar Tractor Company, allegedly for excessive absenteeism. Gamble brought this action under section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1976), charging that Caterpillar had fired him in violation of the collective bargaining agreement and that his union, the International Association of Machinists, District Lodge No. 115 (IAM), had breached its duty to represent him fairly in his...

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