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ARK. STATE HIGHWAY EMP. LOCAL 1315 v. SMITH

No. LR-73-C-229.

459 F.Supp. 452 (1978)

ARKANSAS STATE HIGHWAY EMPLOYEES LOCAL 1315, James P. Rowell, Robert C. Conley, Jake Franks, Edwin Shinn, Spencer Y. Land, Walter Mays, Robert Watson and A. D. Tate, Plaintiffs, v. Maurice SMITH, Lawrence Blackwell, J. C. Patterson, George Kell and James A. Branyan, Individually and as Commissioners of the Arkansas State Highway Commission; and Henry Gray, Individually and as Director of the Arkansas State Highway Department, Defendants.

United States District Court, E. D. Arkansas, W. D.

January 23, 1978.

Attorney(s) appearing for the Case

John T. Lavey, Little Rock, Ark., for plaintiffs.

Bill S. Clark, Oscar E. Davis, Jr., Little Rock, Ark., for defendants.

MEMORANDUM OPINION

HEANEY, Circuit Judge, Sitting by Designation.

The parties are before the Court on cross-motions for summary judgment. Plaintiffs seek declaratory and injunctive relief under 42 U.S.C. § 1983. As there are no material facts in dispute the sole issue for determination is whether the grievance procedure established by the Arkansas State Highway Commission deprives Arkansas State Highway Employees Local 1315 of the right to petition...

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