CURTIN, District Judge.
In his complaint, plaintiff alleges that he was unlawfully prevented from working by the defendant Corporation for a period of about eighteen months from January 6, 1964 to June 3, 1965, in violation of the Collective Bargaining Agreement. When pretrial preparation was completed by the parties in late 1972, the court questioned plaintiff about the applicability of Vaca v. Sipes,
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