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FRANDSEN v. BROTH. OF RY., AIRLINE & S.S. CLERKS

No. 85-1293.

782 F.2d 674 (1986)

H. Jack FRANDSEN, Plaintiff-Appellant, v. BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES and Missouri Pacific Railroad Company, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 24, 1986.

Attorney(s) appearing for the Case

Paul Alan Levy, Public Citizen Litigation Group, Washington, D.C., for plaintiff-appellant.

John Edmond, Guerrieri & Sweeney, Washington, D.C., James C. Cook, Walker & Williams, Belleville, Ill., for defendants-appellees.

Before CUMMINGS, Chief Judge, BAUER and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

This case presents an issue of first impression for this court concerning a union's duty of fair representation. The plaintiff here sued his union and employer two years after a change of employers resulted in a loss of his seniority rights. The district court ruled that under the Supreme Court's decision in DelCostello v. Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983), the plaintiff's complaint...

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