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DOWTY v. PIONEER RURAL ELEC. CO-OP., INC.

No. 83-3621.

770 F.2d 52 (1985)

Douglas A. DOWTY, Plaintiff-Appellant, v. PIONEER RURAL ELECTRIC COOPERATIVE, INC., Utility Workers Union of America, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 9, 1985.

Attorney(s) appearing for the Case

Ted L. Earl, Earl, Warburton & Adams, Tom Davis, argued, Columbus, Ohio, for plaintiff-appellant.

Neil F. Freund, Freund, Freeze & Arnold, Jane Lynch, argued, Dayton, Ohio, for Pioneer Rural.

Sorrell Logothetis, Logothetis & Pence, David Stolow, argued, Dayton, Ohio, Donald F. Menagh, New York City, for Utility Workers.

Before MARTIN, CONTIE and WELLFORD, Circuit Judges.

PER CURIAM.

Plaintiff, Douglas Dowty, brought a hybrid § 301/fair representation claim against defendants Pioneer Rural Electric Cooperative ("Pioneer"), its employees, and the Utility Workers Union of America (the "Union") after an arbitration decision that prohibited him from pursuing a separate private business on pain of discharge. The district court granted summary judgment in favor of the two defendants holding the action was time barred under DelCostello...

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