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AMERICAN POSTAL WORKERS UNION v. USPS

No. 90-5022.

940 F.2d 704 (1991)

AMERICAN POSTAL WORKERS UNION, AFL-CIO, et al., Appellants, v. UNITED STATES POSTAL SERVICE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 9, 1991.

Attorney(s) appearing for the Case

Diana Ceresi, Arlington, Va., for appellants. Anton G. Hajjar was on the brief Washington, D.C., for appellants. Darryl J. Anderson also entered an appearance, Washington, D.C., for appellants.

Kevin B. Rachel, Atty., U.S. Postal Service, with whom Edward F. Ward, Jr., Asst. Gen. Counsel, U.S. Postal Service, Jay B. Stephens, U.S. Atty., and John D. Bates, R. Craig Lawrence and Charles L. Hall, Asst. U.S. Attys., were on the brief, Washington, D.C., for appellees.

Before RUTH BADER GINSBURG, D.H. GINSBURG and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

HENDERSON, Circuit Judge:

In this action we review the district court's grant of summary judgment to the defendants in a suit challenging the U.S. Postal Service's dismissal of four probationary employees. We hold that the applicable collective bargaining agreement leaves these probationary postal employees with no contractual means of challenging their dismissals and that the Federal Tort Claims Act...

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