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NIRO v. FEARN INTERN., INC.

No. 86-2769.

827 F.2d 173 (1987)

Dominic NIRO, Plaintiff-Appellee, v. FEARN INTERNATIONAL, INC., Defendant-Appellant, and Beer, Soft Drink, Water, etc., Local Union 744, I.B.T., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 19, 1987.

Rehearing and Rehearing Denied October 26, 1987.

Attorney(s) appearing for the Case

Terrill E. Pierce, Kovar Nelson & Brittain, Chicago, Ill., for defendant-appellant.

Barry M. Bennett, Asher Pavalon Gittler & Greenfield, Chicago, Ill., for plaintiff-appellee.

Before CUDAHY, RIPPLE and MANION, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 26, 1987.

CUDAHY, Circuit Judge.

This case involves a mutation of a "hybrid" section 301 suit brought by an employee against his union and former employer. See 29 U.S.C. § 185. The variation in this case arises because the union switched sides after a section 301 suit was brought. The union reached an agreement with the former employee to begin pursuing arbitration against the employer rather than...

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