EUGENE A. WRIGHT, Circuit Judge:
Kenneth A. Johnson was discharged from the U.S. Postal Service following his conviction for third-degree theft arising from off-duty conduct. Johnson and his wife sued the Postal Service and his union for reinstatement, damages and backpay. The plaintiffs alleged breach of the collective bargaining agreement by the Postal Service and violation of the union's duty of fair representation. Following presentation of the plaintiff's case...
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