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SEPULVEDA v. PACIFIC MARITIME ASS'N

No. 87-6283.

878 F.2d 1137 (1989)

Robert SEPULVEDA; Richard Nervik; William J. Merino; William J. Harris; Frank Aguirre, Jr.; Ronald C. Adler, Plaintiffs-Appellants, v. PACIFIC MARITIME ASSOCIATION; International Longshoremen's & Warehousemen's Union, Local 94, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 23, 1989.

Attorney(s) appearing for the Case

George W. Shaeffer, Jr., Silver, Kreisler, Goldwasser & Shaeffer, Newport Beach, Cal., for plaintiffs-appellants.

J. Kevin Lilly, Gibson, Dunn & Crutcher, Newport Beach, Cal., and Richard S. Zuckerman, Leonard, Carder & Zuckerman, San Francisco, Cal., for defendants-appellees.

Before WALLACE, CANBY and TROTT, Circuit Judges.

WALLACE, Circuit Judge:

Seven unsuccessful applicants for employment as foremen of longshoremen brought this action under section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, against Pacific Maritime Association (Pacific Maritime) and International Longshoremen's and Warehousemen's Union, Local 94 (Local 94), alleging breach of a collective bargaining agreement (Agreement). The district court dismissed the action with prejudice, finding that the...

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