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KARO v. SAN DIEGO SYMPHONY ORCHESTRA ASS'N

No. 84-5512.

762 F.2d 819 (1985)

Stephen P. KARO, Jr., individually, and on behalf of all others similarly situated, Plaintiff/Appellant, v. SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION, a California non-profit organization, Musicians Association of San Diego Local 325, American Federation of Musicians, et al., Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 10, 1985.

Attorney(s) appearing for the Case

John S. Adler, Adler & Gniatkowski, San Diego, Cal., for plaintiff/appellant.

George S. Howard, Jr., Luce, Forward, Hamilton & Scripps, Richard D. Prochazka, Prochazka, Cline & Ford, San Diego, Cal., for defendants/appellees.

Before BOOCHEVER and HALL, Circuit Judges, and JAMESON, District Judge.

BOOCHEVER, Circuit Judge:

Karo appeals from a district court order dismissing his hybrid suit for breach of a collective bargaining agreement and breach of the duty of fair representation on the ground that he lacked standing. Although Karo is a union member, he is not an employee within the collective bargaining unit. We affirm the dismissal.

FACTS

Karo is a percussionist and a member of the Musicians Association of San Diego Local 325, American...

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