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SMITH v. UNITED PARCEL SERVICE, INC.

No. 84-2147.

776 F.2d 99 (1985)

Paul E. SMITH, Jr., Appellant, v. UNITED PARCEL SERVICE, INC., and Local Union No. 505, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 26, 1985.

Attorney(s) appearing for the Case

Geary M. Battistelli, Wheeling, W.Va. (Beneke & Bremer Law Offices, Wheeling, W.Va., on brief), for appellant.

Ray L. Hampton, II, Huntington, W.Va., Charles M. Surber, Jr., Charleston, W.Va. (Barrett, Chafin, Lowry & Hampton, Huntington, W.Va., Charles Q. Gage, Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., on brief), for appellees.

Before WINTER, Chief Judge, and WIDENER and CHAPMAN, Circuit Judges.

CORRECTED OPINION

HARRISON L. WINTER, Chief Judge.

On December 20, 1983, plaintiff sued defendants in a West Virginia state court alleging that his employer had breached the applicable collective bargaining agreement in discharging him and that the union had not fulfilled its duty of fair representation in asserting his rights in the grievance procedure under the collective bargaining agreement. The discharge took...

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