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SCHOONOVER v. CONSOLIDATED FREIGHTWAYS CORP. OF DELAWARE

Nos. 96-3624, 96-3683 and 96-2623.

147 F.3d 492 (1998)

Dennis W. SCHOONOVER (96-3623), Plaintiff-Appellee/Cross-Appellant, v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE (96-3624) and Local 24, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America (96-3683), Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 19, 1998.

Rehearing and Suggestion for Rehearing Denied August 7, 1998.

Attorney(s) appearing for the Case

William T. Whitaker, William T. Whitaker Co., Akron, Ohio, Sidney N. Freeman (briefed), McNamara, Freeman & Daily, Uniontown, OH, for Plaintiff-Appellee-Cross-Appellant.

John W. McKenzie, Buckingham, Doolittle & Burroughs, Edward C. Kaminski (argued and briefed), for Consolidated Freightways Corp. of Delaware in Docket Nos. 96-3624 & 96-3683.

Daniel B. Edelman (argued and briefed), Yablonski, Both & Edelman, Elizabeth Grdina (briefed), International Brotherhood of Teamsters, Legal Department, Washington, DC, Michael B. Hendler (briefed), Goldman & Rosen, Akron, Ohio, for Local 24 International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America in Docket Nos. 96-3623 and 96-3683.

Before: MERRITT, KENNEDY, and BOGGS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 7, 1998.*

MERRITT, J., delivered the opinion of the court, in which BOGGS, J., joined.

KENNEDY, J. (pp. 496-98), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

In this hybrid lawsuit brought under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185, Defendants Consolidated Freightways Corporation and...

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