ABERNATHY v. UNITED STATES POSTAL SERVICE

No. 82-1845.

740 F.2d 612 (1984)

James ABERNATHY, Appellant, v. UNITED STATES POSTAL SERVICE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 3, 1984.


Attorney(s) appearing for the Case

William R. Merryman, Wickersham & Merryman, Kansas City, Mo., for appellant.

Robert G. Ulrich, U.S. Atty., Judith M. Strong, Asst. U.S. Atty., W.D. Mo., Kansas City, Mo., Stephen E. Alpern, Associate Gen. Counsel, U.S. Postal Service, Washington, D.C., Gregg R. Sackrider, Senior Asst. Regional Labor Counsel, U.S. Postal Service, Chicago, Ill., for appellee.

Before ROSS, JOHN R. GIBSON and BOWMAN, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

James Abernathy brought this action to set aside an arbitrator's award sustaining his discharge from the United States Postal Service. He appeals from the dismissal of his complaint. The district court1 held that Abernathy's action against the Postal Service under 39 U.S.C. § 1208 (1982) was subject to the Missouri statute of limitations on actions challenging arbitration awards, Mo.Rev.Stat. §...

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