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DUNCAN v. SOUTHWEST AIRLINES

No. 86-6744.

838 F.2d 1504 (1987)

Gregory C. DUNCAN, Plaintiff-Appellant, v. SOUTHWEST AIRLINES; Steve Fleming; Robert Slattery, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 4, 1987.

As Amended February 29, 1988.

Rehearing and Rehearing Denied April 1, 1988.

Attorney(s) appearing for the Case

Jeffry A. Miller and Don D. Hiney, El Cajon, Cal., for plaintiff-appellant.

J. Joe Harris, Matthews & Branscomb, San Antonio, Tex., for the defendants-appellees Southwest Airlines and Robert Slattery.

Before TANG, SCHROEDER and BEEZER, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 1, 1988.

BEEZER, Circuit Judge:

Duncan claims to have been discharged by Southwest Airlines for engaging in pro-union activities in violation of Railway Labor Act (RLA), 45 U.S.C. §§ 152 (Fourth) and 184 (1982).

The district court granted summary judgment in favor of Southwest Airlines and Slattery1 on the ground that Duncan's claim was time-barred by the Supreme Court...

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