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ROSCELLO v. SOUTHWEST AIRLINES CO.

No. 83-2041.

726 F.2d 217 (1984)

Robert F. ROSCELLO, Plaintiff-Appellant, v. SOUTHWEST AIRLINES COMPANY and International Association of Machinists & Aerospace Workers, AFL-CIO, Airline District 146, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 18, 1984.

Attorney(s) appearing for the Case

Patrick J. Gilpin, Houston, Tex., for plaintiff-appellant.

Manitzas, Harris & Padgett, J. Joe Harris, San Antonio, Tex., for Southwest Airlines.

John E. Collins, Irving, Tex., for Intern. Ass'n of Machinists.

Before BROWN, THORNBERRY and TATE, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 18, 1984.

THORNBERRY, Circuit Judge:

This case involves the issue of the right to a jury trial in wrongful discharge and fair representation actions under the Railway Labor Act ("RLA"), 45 U.S.C. § 151, et seq. Because we conclude that the plaintiff was denied a jury trial in violation of the Seventh Amendment to the United States Constitution, we vacate and remand.

I. FACTS

Plaintiff...

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