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BOWEN v. UNITED STATES POSTAL SERVICE

Nos. 79-1455, 79-1464.

642 F.2d 79 (1981)

Charles V. BOWEN, Appellee, v. UNITED STATES POSTAL SERVICE, Defendant, and American Postal Workers Union; AFL-CIO, Appellant. Charles V. BOWEN, Appellee, v. UNITED STATES POSTAL SERVICE, Appellant, and American Postal Workers Union; AFL-CIO, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided February 23, 1981.

Attorney(s) appearing for the Case

Patrick J. Riley, Washington, D. C. (Daniel B. Jordan, Cafferky, Powers, Jordan & Lewis, Washington, D. C., on brief), for appellant American Postal Workers Union, AFL-CIO.

Bruce Joel Jacobsohn, Senior Asst. Regional Labor Counsel, U. S. Postal Service, Philadelphia, Pa. (Thomas R. King, Jr., Asst. U. S. Atty., Roanoke, Va., Stephen E. Alpern, Associate General Counsel, U. S. Postal Service, Washington, D. C., on brief), for appellants.

William B. Poff, Roanoke, Va. (Bayard E. Harris, Betty Jo Anthony, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and HALL and MURNAGHAN, Circuit Judges.

ALBERT V. BRYAN, Senior Circuit Judge:

Plaintiff-appellee, Charles V. Bowen, on February 21, 1976 was indefinitely suspended, without pay, from employment with appellant United States Postal Service (Service or appellant)1 in Lynchburg, Virginia, for an alleged assault upon a co-employee during an altercation with him. At that time Bowen was a member of the American Postal Workers Union, AFL-CIO, (Union or appellant). It was the recognized...

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