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FORT WAYNE COM. SCHOOLS v. FORT WAYNE EDUC. ASS'N

No. 90-3316.

977 F.2d 358 (1992)

FORT WAYNE COMMUNITY SCHOOLS, Plaintiff-Appellee, v. FORT WAYNE EDUCATION ASSOCIATION, INC., Defendant-Appellant, and United States Postal Service, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 13, 1992.

Attorney(s) appearing for the Case

James P. Fenton, William Sweet (argued), Barrett & McNagny, Fort Wayne, Ind., for plaintiff-appellee.

Daniel E. Serban, Shambaugh, Kast, Beck & Williams, Fort Wayne, Ind., Deborah C. Malamud, Robert H. Chanin (argued), Bredhoff & Kaiser, Washington, D.C., Richard J. Darko, Richard S. Pitts, Lowe, Gray, Steele & Hoffman, Indianapolis, Ind., for defendant-appellant.

Tina Nommay, Asst. U.S. Atty., Office of the U.S. Atty., Fort Wayne, Ind., Jonathan R. Siegel, Michael J. Singer, Lisa A. Olson, Dept. of Justice, Civil Div., Appellate Section, Washington, D.C., William Sweet (argued), Barrett & McNagny, Fort Wayne, Ind., for defendant-appellee.

Before COFFEY and RIPPLE, Circuit Judges, and WISDOM, Senior Circuit Judge.

RIPPLE, Circuit Judge.

A collective bargaining agreement between the Fort Wayne Community Schools (the School Corporation) and the Fort Wayne Education Association, Inc. (the Association), the exclusive representative of the teachers employed by the School Corporation, provided that the Association could use the School Corporation's interschool mail delivery system to communicate with the teachers. The School Corporation brought a declaratory judgment action naming...

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