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WEST v. CONRAIL

No. 85-5129.

780 F.2d 361 (1985)

Thomas WEST, Appellant, v. CONRAIL, a Foreign Corporation; Brotherhood of Maintenance of Way Employees, Local No. 2906, a Foreign Corporation; New Jersey Transit, A Corporation of the State of New Jersey; and Anthony Vincent.

United States Court of Appeals, Third Circuit.

Decided December 31, 1985.

Attorney(s) appearing for the Case

Louis B. Youmans, Allen K. Mukaida, Trenton, N.J., for appellant.

Irwin I. Kimmelman, Atty. Gen. N.J., Robert H. Stoloff, Deputy Atty. Gen., Newark, N.J., for appellee New Jersey Transit Corp.

Lucy S.L. Amerman, Consol. Rail Corp., Philadelphia, Pa., for appellee Consol. Rail Corp.

J. Charles Sheak, Brener, Wallack & Hill, Princeton, N.J., William Birney, Highsaw & Mahoney, Washington, D.C., Louis P. Malone, III, Gen. Counsel, Brotherhood of Maintenance of Way Employees, Washington, D.C., for appellee Brotherhood of Maintenance of Way Employees.

Before ADAMS, GIBBONS, and STAPLETON, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) December 6, 1985.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

Appellant filed a complaint with the District Court on September 24, 1984, alleging a hybrid breach of contract/breach of the duty of fair representation claim against his employer-railroad, his union, and a union representative. The parties agree, for purposes of this appeal, that the appellant's cause of action accrued on March 25, 1984. Appellant...

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