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SCHMIDT v. IBEW, LOCAL 949

No. 91-3457.

980 F.2d 1167 (1992)

Robert C. SCHMIDT, Plaintiff-Appellant, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 949, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 1, 1992.

Attorney(s) appearing for the Case

James Perunovich, Minneapolis, Minn., argued (David A. Singer, on the brief), for plaintiff-appellant.

James T. Hansing, Minneapolis, Minn., argued, for defendant-appellee.

Before BOWMAN, LOKEN, Circuit Judges, and HUNTER, Senior District Judge.

LOKEN, Circuit Judge.

Robert Schmidt appeals the district court's1 grant of summary judgment dismissing his claim that Local 949 of the International Brotherhood of Electrical Workers breached its duty of fair representation when it refused to arbitrate Schmidt's severance pay grievance. We affirm.

I.

Schmidt was a member of Local 949 and a sixteen-year employee of Continental Telephone Company of Minnesota ("Contel"...

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