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POTTER v. ASSOCIATED ELEC. CO-OP., INC.

No. 94-3663.

56 F.3d 961 (1995)

Jack POTTER, individually and on behalf of all others similarly situated; Warner Hurt, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. ASSOCIATED ELECTRIC COOPERATIVE, INC.; United Mine Workers of America, Local 7688, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 8, 1995.

Attorney(s) appearing for the Case

Ronald F. Bunn, Columbia, MO, argued (Loramel P. Shurtleff, on the brief), for appellants.

Barry A. Woodbrey, St. Louis, MO, argued (Craig S. Johnson, Jefferson City, MO and Gerald Kretmar, St. Louis, MO, on the brief), for appellees.

Before WOLLMAN, Circuit Judge, FRIEDMAN Senior Circuit Judge, and LOKEN, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The question is whether the district court** correctly granted summary judgment dismissing the appellants' complaint in so far as it charged the appellee union with violating its duty of fair representation of the appellants and other similarly situated employees. The district court held that the appellants' failure to invoke the grievance procedures of the industry-wide collective bargaining agreement barred...

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