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SELLERS v. M.C. FLOOR CRAFTERS, INC.

No. 480, Docket 87-7151.

842 F.2d 639 (1988)

John SELLERS, Plaintiff-Appellant, v. M.C. FLOOR CRAFTERS, INC., Local 2287 of Resilient Floor Coverers, New York City District Council of Carpenters and United Brotherhood of Carpenters and Joiners of America, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 23, 1988.

Attorney(s) appearing for the Case

Rosemary C. Byrne, New York City (Cadwalader, Wickersham & Taft, New York City, of counsel) for plaintiff-appellant.

Elliot J. Mandel, New York City (Kaufman, Frank, Schneider & Rosensweig, New York City, of counsel) for defendant-appellee M.C. Floor Crafters, Inc.

William J. Dealy, New York City (Lawrence H. Stone, Manning, Raab, Dealy & Sturm, New York City, of counsel), for defendants-appellees Local 2287 of Resilient Floor Coverers, New York City Dist. Council of Carpenters and United Broth. of Carpenters and Joiners of America.

Before OAKES, NEWMAN and MINER, Circuit Judges.

MINER, Circuit Judge:

Plaintiff-appellant John Sellers appeals from a judgment of the United States District Court for the Eastern District of New York (Costantino, J.), granting summary judgment in favor of defendants-appellees because of Sellers' failure to exhaust union grievance procedures. We reverse. First, the district court failed to advise Sellers, a pro se litigant, of the nature, procedures and consequences of a motion for summary judgment before...

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