MILLER v. U.S. POSTAL SERVICE

No. 92-1796.

985 F.2d 9 (1993)

Ralph J. MILLER, Jr., Plaintiff, Appellant, v. UNITED STATES POSTAL SERVICE, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 4, 1993.


Attorney(s) appearing for the Case

Charles G. Douglas III, with whom Douglas & Douglas, Concord, NH, was on brief, for plaintiff, appellant.

William B. Peer, with whom Barbara L. Camens, Barr, Peer, Cohen & Camens, Washington, DC, were on brief for defendant, appellee National Rural Letter Carriers' Ass'n (NRLCA).

Gretchen Leah Witt, Asst. U.S. Atty., Chief, Civil Div., with whom defendant, Jeffrey R. Howard, U.S. Atty., Concord, NH, was on brief, for appellee U.S. Postal Service.

Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.


TORRUELLA, Circuit Judge.

Appellant Ralph J. Miller appeals from a summary judgment in an action under 39 U.S.C. § 1208(b) (1980)1 for breach of contract against the United States Postal Service ("Postal Service"), and for breach of duty of fair representation against the National Rural Letter Carrier's Association (the "Union"). This joint cause is commonly referred to as a "hybrid" suit. See, e.g., Reed v. United Transp. Union...

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