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FENNESSY v. SOUTHWEST AIRLINES

No. 94-55630.

91 F.3d 1359 (1996)

Patrick FENNESSY, Plaintiff-Appellant, v. SOUTHWEST AIRLINES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1996.

Attorney(s) appearing for the Case

Lisa L. Maki, Roxanne A. Davis, Los Angeles, California, for plaintiff-appellant.

Kathleen O. Peterson, Preston, Gates & Ellis, Los Angeles, California, for defendant-appellee.

Before: FLETCHER, CANBY, and HAWKINS, Circuit Judges.

CANBY, Circuit Judge:

Patrick Fennessy claims that Southwest Airlines Co. violated section 152, Fourth of the Railway Labor Act ("RLA" or "the Act"), 45 U.S.C. §§ 152-188, by terminating his employment in retaliation for his efforts to replace his existing union with a different one. Fennessy appeals the district court's grant of summary judgment in favor of Southwest. We reverse.

I.

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