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WALKER v. CONSOLIDATED FREIGHTWAYS, INC.

Nos. 89-1041, 89-1044.

930 F.2d 376 (1991)

Herman WALKER; Bradley Colesworthy; Tera B. Slaughter; Thomas Dillon, Plaintiffs-Appellees, v. CONSOLIDATED FREIGHTWAYS, INC.; Transcon, Inc.; PIE Nationwide, Defendants-Appellants, and Teamsters Local No. 71; Teamsters Local No. 28; Teamsters Local No. 61; Teamsters Local No. 391; Teamsters Local No. 509; Teamsters Joint Council No. 9; Trucking Management, Inc.; Carolina Trucking Association, Inc., Defendants. Herman WALKER; Bradley Colesworthy; Tera B. Slaughter; Thomas Dillon, Plaintiffs-Appellees, v. Teamsters Local No. 71, Defendant-Appellant, and CONSOLIDATED FREIGHTWAYS, INC.; Transcon, Inc.; PIE Nationwide; Teamsters Local No. 28; Teamsters Local No. 61; Teamsters Local No. 391; Teamsters Local No. 509; Teamsters Joint Council No. 9; Trucking Management, Inc.; Carolina Trucking Association, Inc., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 11, 1991.

Attorney(s) appearing for the Case

Melvin R. Manning, Manning, Davis & Kirby, Richmond, Va. and Hugh J. Beins, Beins, Axelrod, Osborne & Mooney, P.C., Washington, D.C., argued (F. William Kirby, Manning, Davis & Kirby, Richmond, Va. and Jonathan G. Axelrod, Beins, Axelrod, Osborne & Mooney, P.C., Washington, D.C., on brief), for defendants-appellants.

Paul Alan Levy, Public Citizen Litigation Group, Washington, D.C., argued (Edward G. Connette, III, Gillespie, Lesesne & Connette, Charlotte, N.C. and Julie Fosbinder, Tucson, Ariz., on brief), for plaintiffs-appellees.

Before HALL, SPROUSE and WILKINS, Circuit Judges.

K.K. HALL, Circuit Judge:

Plaintiffs, Herman Walker, Bradley Colesworthy, Tera Slaughter, and Thomas Dillon, are truck drivers who are represented by Teamsters Union Local No. 71. They initiated this action below against their employers, their union, and several different locals, alleging that their employers had breached their collective bargaining agreement by not timely implementing a new mileage measuring system and that the union had breached its duty to fairly...

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