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PASSO v. UNITED STATES POSTAL SERVICE

No. 84 Civ. 6138 (JMC).

631 F.Supp. 1017 (1986)

Ira J. PASSO, Plaintiff, v. UNITED STATES POSTAL SERVICE, National Association of Letter Carriers, and National Association of Letter Carriers, Branch 36, Defendants.

United States District Court, S.D. New York.

March 17, 1986.

Attorney(s) appearing for the Case

Warren J. Bennia, New York City, for plaintiff.

Cohen, Weiss and Simon, New York City (Richard M. Seltzer, of counsel) for defendants Nat. Ass'n of Letter Carriers, and Nat. Ass'n of Letter Carriers, Branch 36.

Rudolph W. Giuliani, U.S. Atty., New York City (Paul K. Milmed, of counsel) for defendant U.S. Postal Service.

MEMORANDUM AND ORDER

CANNELLA, District Judge:

Defendants' motions for summary judgment are granted. Fed.R.Civ.P. 56(b).

FACTS

Plaintiff Ira J. Passo brings this action against his unions and employer. He alleges that the unions breached their duty of fair representation and the employer breached the collective bargaining agreement and plaintiff's fifth amendment rights.

The undisputed facts are as follows.1

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