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WAGNER v. GENERAL DYNAMICS

No. 89-3617.

905 F.2d 126 (1990)

Harley WAGNER, Plaintiff-Appellant, v. GENERAL DYNAMICS, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 8, 1990.

Attorney(s) appearing for the Case

Peter R. Van Arsdel (argued), Celina, Ohio, for Harley Wagner.

Rolf Scheidel (argued), Shumaker, Loop & Kendrick, Toledo, Ohio, for General Dynamics, Land Systems Div., Lima Tank Plant.

Joan Torzewski (argued), Gerald B. Lackey, Lackey, Nusbaum, Harris, Reny & Torzewski, Toledo, Ohio, for United Auto., Aerospace & Agr. Implement Workers of America, Local 2075.

Before MERRITT, Chief Judge; GUY and NORRIS, Circuit Judges.

PER CURIAM.

Plaintiff, Harley Wagner, appeals from the dismissal without prejudice of his hybrid section 301 action1 for failure to exhaust internal union remedies. Because we find that the plaintiff's failure to seek redress through internal union procedures cannot be excused under any exception identified in Clayton v. International Union, UAW, 451 U.S. 679, 101 S.Ct. 2088, 68 L.Ed.2d 538 (1981...

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