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MALONE v. UNITED STATES POSTAL SERVICE

No. 74-2037.

526 F.2d 1099 (1975)

Walter MALONE, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE and Local 304, National Post Office Mail Handlers, Watchmen, Messengers and Group Leaders, International Union of North America, AFL-CIO, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 11, 1975.

Attorney(s) appearing for the Case

Cecil Blye, Blye & Webb, Mary Ann Webb, Louisville, Ky., for plaintiff-appellant.

George J. Long, U.S. Atty., James H. Barr, Asst. U.S. Atty., Segal, Isenberg, Sales & Stewart, Herbert L. Segal, Irwin H. Cutler, Jr., Louisville, Ky., Jules Bernstein, Washington, D.C., Robert J. Connerton, Arthur M. Schiller, Stanley A. Mestel, U.S. Postal Service, Labor Law Div., Washington, D.C., for defendants-appellee.

Before EDWARDS, CELEBREZZE and McCREE, Circuit Judges.

McCREE, Circuit Judge.

This is an appeal from a grant of summary judgment for the defendants in a suit by a former Postal Service employee for reinstatement, back pay and seniority status, and attorney's fees. Jurisdiction is conferred by 39 U.S.C. §§ 409 and 1208. Two questions are presented on appeal: (1) whether the grievance and arbitration procedures authorized in the collective bargaining agreement between...

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