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KING v. NEW YORK TELEPHONE CO., INC.

No. 277, Docket 85-7536.

785 F.2d 31 (1986)

Ina KING, Plaintiff-Appellant, v. The NEW YORK TELEPHONE COMPANY, INC., and the Telephone Traffic Union (New York), Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 28, 1986.

Attorney(s) appearing for the Case

Harold J. Johnson, Brooklyn, N.Y. (Flamhaft Levy Kamins Hirsch & Booth, Brooklyn, N.Y., of counsel), for plaintiff-appellant.

Lon S. Bannett, New York City (Bernard Yaker, New York City, of counsel), for defendant-appellee N.Y. Telephone Co.

Andrew M. Calamari, Bronx, N.Y. (Calamari & Calamari, Bronx, N.Y., of counsel), for defendant-appellee. The Telephone Traffic Union.

Before OAKES, NEWMAN and MINER, Circuit Judges.

MINER, Circuit Judge:

This action arises out of the alleged wrongful discharge of plaintiff-appellant, Ina King, by defendant-appellee, The New York Telephone Company, Inc. ("NYTEL"), and subsequent breach of the duty of fair representation by defendant-appellee, The Telephone Traffic Union (New York) ("Union"). Prior to answering the complaint, both defendants moved for summary judgment, Fed.R.Civ.P. 56(b), contending that the action was not commenced within the...

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