MEMORANDUM OPINION
GRADY, District Judge.
Plaintiff, John A. Mangiaguerra, brought this action for damages and equitable relief for violation of a collective bargaining agreement and for breach of the duty of fair representation. Defendant, D & L Transport, Inc. (hereinafter "Employer"), and defendant, Truck Drivers, Oil Drivers, Filling Station and Platform Workers' Union Local 705, (hereinafter "Union") have filed motions for summary judgment.
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