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NEMSKY v. CONOCOPHILLIPS CO.

Nos. 08-4028, 08-4130.

574 F.3d 859 (2009)

George "Tom" NEMSKY, Plaintiff-Appellant, Cross-Appellee, v. CONOCOPHILLIPS COMPANY, Defendant-Appellee, and International Union of Operating Engineers, Local 399, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 3, 2009.

Attorney(s) appearing for the Case

Lee W. Barron (argued), Alton, IL, for Plaintiff-Appellant, Cross-Appellee.

Ian P. Cooper (argued), Tueth, Keeney, Cooper, Mohan & Jackstadt, St. Louis, MO, for Defendant-Appellee.

William A. Widmer, III (argued), Carmell, Charone, Widmer, Mathews & Moss, Chicago, IL, for Defendant-Appellee, Cross-Appellant.

Before FLAUM, WOOD, and TINDER, Circuit Judges.

FLAUM, Circuit Judge.

Plaintiff George "Tom" Nemsky brought a lawsuit against defendants ConocoPhillips and the International Union of Operating Engineers, Local 399, for breach of the defendants' Collective Bargaining Agreement and breach of the duty of fair representation, respectively. The district court granted summary judgment to defendants and Nemsky appeals that ruling. Local 399 also cross-appeals the district court's denial of Rule 11 sanctions against Nemsky...

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