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GENERAL TRUCK DRIVERS v. DAYTON NEWSPAPERS, INC.

No. 98-3530.

190 F.3d 434 (1999)

GENERAL TRUCK DRIVERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS, LOCAL NO. 957, Plaintiff-Appellant, v. DAYTON NEWSPAPERS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 19, 1999.

Attorney(s) appearing for the Case

John R. Doll (argued and briefed), Julie C. Ford, Diana S. Brown (briefed), Logothetis, Pence & Doll, Dayton, Ohio, for Plaintiff-Appellant.

James M. Hill (argued and briefed), O'Diam, Turner, McNamee, Hill & Stone, Dayton, Ohio, Brett L. Thurman (briefed), Dayton, Ohio, for Defendant-Appellee.

Before: KRUPANSKY, BOGGS, and CLAY, Circuit Judges.

BOGGS, J., delivered the opinion of the court, in which KRUPANSKY, J., joined. CLAY, J. (pp. 439-446), delivered a separate dissenting opinion.

OPINION

BOGGS, Circuit Judge.

Plaintiff union appeals a judgment for defendant newspaper company vacating an arbitration award in favor of the union. Union employee Rick Elliott, a newspaper carrier dispatcher, was discharged by the company following an incident in which he grabbed a carrier by the neck....

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