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SALINAS v. MILNE TRUCK LINES, INC.

No. 87-6196.

846 F.2d 568 (1988)

Gene C. SALINAS, Plaintiff-Appellant, v. MILNE TRUCK LINES, INC., a corporation; Wholesale and Retail Food Distribution, Teamster Local No. 63, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 13, 1988.

Attorney(s) appearing for the Case

Roger Jennings, Marina del Rey, Cal., for plaintiff-appellant.

Ronald J. Cooke, Littler, Mendelson, Fastiff & Tichy, Los Angeles, Cal., and Michael J. Shelley, Wohlner, Kaplon, Phillips, Vogel, Shelley & Young, Los Angeles, Cal., for defendants-appellees.

Before ALARCON, FERGUSON and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

Salinas sued Milne Truck Lines, Inc. ("Milne") and Wholesale and Retail Food Distribution, Teamster Local No. 63 ("Local 63") on the theory that Local 63 had violated the duty of fair representation in prosecuting Salinas's grievance. The district court granted summary judgment in favor of Milne and Local 63. We affirm.

I

Summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories...

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