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LINTON v. UNITED PARCEL SERVICE

No. 92-1058.

15 F.3d 1365 (1994)

Leonard LINTON, Plaintiff-Appellant, v. UNITED PARCEL SERVICE; International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local No. 243, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 8, 1994.

Attorney(s) appearing for the Case

Barbara M. Harvey (argued and briefed), Detroit, MI, for Leonard K. Linton.

Mark T. Nelson, Butzel, Long, Gust, Klein & Van Zile, Detroit, MI, for United Parcel Service.

Gerry M. Miller, Previant, Goldberg, Uelman, Gratz, Miller & Brueggeman, Francis J. Kortsch (argued and briefed), Milwaukee, WI, for Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 243.

Before: KENNEDY and BATCHELDER, Circuit Judges; and ENGEL, Senior Circuit Judge.

BATCHELDER, Circuit Judge.

Plaintiff-appellant Leonard Linton, a former employee of defendant-appellee United Parcel Service (UPS), appeals the district court's granting of summary judgment on his claim that defendant-appellee International Brotherhood of Teamsters, Local 243 ("the union"), breached its duty of fair representation, 779 F.Supp. 897. Because we hold that a triable issue of fact exists as to whether the union breached...

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