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CONSIDINE v. NEWSPAPER AGENCY CORP.

No. 92-4170.

43 F.3d 1349 (1994)

(Ernest CONSIDINE), Wilbur J. Meyer Jr., John L. Mittelstedter, Robert Porter, Bernice McBride, M. Lee Bex, Plaintiffs-Appellants, v. NEWSPAPER AGENCY CORPORATION; Salt Lake Typographical Union No. 115; Communications Workers of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 28, 1994.

Attorney(s) appearing for the Case

Elizabeth T. Dunning of Watkiss Dunning & Watkiss, Salt Lake City, UT, (Mary J. Woodhead of Watkiss Dunning & Watkiss and H. Dickson Burton of Woodbury & Kesler, with her on the brief) for plaintiffs-appellants.

James S. Lowrie of Jones, Waldo, Holbrook & McDonough, Salt Lake City, UT, (Deno G. Himonas of Waldo, Holbrook & McDonough and Sharon E. Sonnenreich, Salt Lake City, UT, with him on the brief) for defendant-appellee Newspaper Agency Corp.

James B. Coppess, Washington, DC (Arthur F. Sandacks, Salt Lake City, UT, and Gerard C. Boyle, Washington, DC, with him on the brief) for defendants-appellees Salt Lake Typographical Union No. 115 and Communications Workers of America.

Before BALDOCK, McKAY, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

A group of former and present employees ("Plaintiffs") of the Newspaper Agency Corporation ("NAC") allege that the Salt Lake Typographical Union No. 115 ("Local 115") and the Communications Workers of America ("CWA") breached a duty of fair representation under § 301 of the Labor Management Relations Act ("LMRA"), codified at 29 U.S.C. § 185. Four of the Plaintiffs further allege that NAC violated the Age Discrimination in Employment...

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