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KALOMBO v. HUGHES MARKET, INC.

No. 87-6399.

886 F.2d 258 (1989)

Kabeya KALOMBO, Plaintiff-Appellant, v. HUGHES MARKET INC.; Local 399 Hospital and Service Employees Union, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 25, 1989.

Attorney(s) appearing for the Case

Harold Cotton, Woodland Hills, Cal., for plaintiff-appellant, Kalombo.

Howard Z. Rosen, Posner & Rosen, Los Angeles, Cal., for defendants-appellees, Hosp. & Service Employees Union, Local 399.

Before ALARCON and NELSON, Circuit Judges, and PATEL, District Judge.

ALARCON, Circuit Judge:

Kabeya Kalombo appeals from the dismissal with prejudice under 29 U.S.C. § 185 of his claim of breach of the duty of fair representation against the Hospital and Services Employees Union Local 399 (Union). The district court dismissed the action on the ground that the claim against the Union was barred by the six months statute of limitations set forth in Section 10(d) of the National Labor Relations Act. 29 U.S.C. § 160(d) (1982...

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