ADKINS v. SAFEWAY STORES, INC.

No. 91-7136.

968 F.2d 1317 (1992)

Donald Leroy ADKINS, et al., Appellants, v. SAFEWAY STORES, INC. and Milk Drivers and Dairy Employees Union Local No. 246, an Affiliate of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Rehearing and Rehearing Denied July 16, 1992.


Attorney(s) appearing for the Case

Arnold B. Podgorsky and Barry S. Spector, Washington, D.C., were on the opposition to the motions to dismiss, for appellants.

Richard C. Hotvedt, Washington, D.C., was on the motion to dismiss, for appellee Safeway, Inc.

John R. Mooney and Marilyn L. Baker, Washington, D.C., were on the motion to dismiss, for appellee Local No. 246.

Before WALD, D.H. GINSBURG, and SENTELLE, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 16, 1992.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Donald Adkins and twelve other dairy truck drivers brought this suit against Safeway, Inc. and the Milk Drivers and Dairy Employees Union Local No. 246, alleging that the collective bargaining agreement between Safeway and the Union discriminates against them on the basis of age. The district court granted...

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