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TERRY v. CHAUFFEURS, TEAM. & HELPERS, LOCAL 391

No. 87-3896.

863 F.2d 334 (1988)

Thomas C. TERRY; D.B. Fields; Jim Crowe; Keith Barker; James A. Richards; Don Wright; David L. Giltz; Dale Bishop; Tony Baity; James R. Davis; Don Britt; Lonnie Davis; Jim Wilson; David C. King; Donald E. Henderson; Arthur Jarrell; Ron Ray; J.C. Greer; Gary Peebles; Harold Dyson; Ed Strange; Sam E. Callahan; George C. Blankenship, Jr.; Paul Embry; Clayton Worley; John R. Marshal; Robert C. Munsey, Plaintiffs-Appellees, v. CHAUFFEURS, TEAMSTERS AND HELPERS, LOCAL 391; McLean Trucking Company, Defendants—Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 20, 1988.

Attorney(s) appearing for the Case

John David James (Smith, Patterson, Follin, Curtis, James & Harkavy, Greensboro, N.C., on brief), for defendants-appellants.

Robert Mauldin Elliot (Pfefferkorn, Pishko & Elliot, P.A., Winston-Salem, N.C., on brief), for plaintiffs-appellees.

Before SPROUSE, ERVIN and WILKINS, Circuit Judges.

SPROUSE, Circuit Judge:

This is an interlocutory appeal by the Chauffeurs, Teamsters & Helpers, Local 391 ("the Union") from the district court's order refusing to strike the jury trial demand of the plaintiffs, Thomas C. Terry and twenty-six other truck drivers (hereinafter "Terry"), holding that Terry was entitled under the seventh amendment to the United States Constitution to a jury trial of his hybrid § 301/duty of fair representation action, see...

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