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BARR v. UNITED PARCEL SERVICE, INC.

Nos. 23, 24, Dockets 88-7230, 88-7244.

868 F.2d 36 (1989)

Joe L. BARR, a/k/a Joseph L. Barr, Plaintiff-Appellee (re: 88-7230), v. UNITED PARCEL SERVICE, INC. and Local 804 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Defendants, Local 804 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Defendant-Appellant (re: 88-7230), United Parcel Service, Inc., Defendant-Appellee (re: 88-7230), Joe L. BARR, a/k/a Joseph L. Barr, Plaintiff-Appellee (re: 88-7244), v. UNITED PARCEL SERVICE, INC., and Local 804 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Defendants, United Parcel Service, Inc., Defendant-Appellant (re: 88-7244)

United States Court of Appeals, Second Circuit.

Decided February 10, 1989.

Attorney(s) appearing for the Case

Richard N. Gilberg, New York City (Cohen, Weiss and Simon, New York City, Susan Davis, Earl R. Pfeffer, of counsel), for Local 804 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America.

Harold J. Johnson, Brooklyn, N.Y. (Flamhaft Levy Kamins Hirsch & Booth, Brooklyn, N.Y., of counsel), for Joe L. Barr.

Jeffrey A. Mishkin, New York City (Proskauer Rose Goetz & Mendelsohn, Mary Ruth Houston, New York City, of counsel), United Parcel Service, Inc.

Before LUMBARD and MAHONEY, Circuit Judges, and CHOLAKIS, District Judge.

LUMBARD, Circuit Judge:

This is an appeal from a judgment entered on a jury verdict in the Eastern District of New York, Charles P. Sifton, Judge, ordering Joseph L. Barr's reinstatement and awarding him back pay in his suit against his former employer, United Parcel Service, Inc. (UPS), for wrongful discharge, and his labor union, Local 804 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Local 804), for having...

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