No. 88-3770.

881 F.2d 282 (1989)

UNITED TRANSPORTATION UNION, LOCAL 74, Plaintiff-Appellant, v. CONSOLIDATED RAIL CORP., Defendant, United Transportation Union, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 31, 1989.

Rehearing and Rehearing Denied October 16, 1989.

Attorney(s) appearing for the Case

Thomas J. Murray, Jr. (argued), Murray & Murray, Sandusky, Ohio, for plaintiff-appellant.

Clinton J. Miller, III (argued), Office of General Counsel, United Transp. Union, Cleveland, Ohio, for defendant-appellee.

Before WELLFORD and GUY, Circuit Judges; and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied October 16, 1989.

JOHN W. PECK, Senior Circuit Judge.

This duty of fair representation case under the Railway Labor Act, 45 U.S.C. § 151 et seq., was resolved in favor of defendant United Transportation Union ("UTU") in a bench trial, following the district court's grant of UTU's motion to strike the jury demand made in plaintiff United Transportation Union, Local 74's ("Local 74") Second Amended Complaint...

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