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LOCAL 670 v. INT. U., UNITED RUBBER, ETC., WORKERS

Nos. 86-5774, 86-5877.

822 F.2d 613 (1987)

LOCAL 670, UNITED RUBBER, CORK, LINOLEUM AND PLASTIC WORKERS OF AMERICA, AFL-CIO, in its own behalf and in behalf of its individual members, Plaintiff-Appellant, Cross-Appellee, v. INTERNATIONAL UNION, UNITED RUBBER, CORK, LINOLEUM AND PLASTIC WORKERS OF AMERICA, AFL-CIO; Milan Stone; Bob G. Long and Local 703, Defendants-Appellees, v. ARMSTRONG RUBBER COMPANY; R.G. DeAngelo and Russell Weymouth, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 26, 1987.

Rehearing and Rehearing Denied August 13, 1987.

Attorney(s) appearing for the Case

Michael J. Passino, Passino, DeLaney and Hildebrand, Nashville, Tenn., Jane P. North (argued), for Local 670.

Charles Hampton White, Corneluis and Collins, Nashville, Tenn., for defendants-appellees.

Cecil D. Branstetter, Nashville, Tenn., Joby Dupuis, Barry J. Bennett, Fresno, Cal., for Local 703.

Frederick A. Stuart, John N. Raudabaugh (argued), Powell, Goldstein, Frazer, Murphy, Atlanta, Ga., for Armstrong Rubber.

Before ENGEL and GUY, Circuit Judges, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied August 13, 1987.

RALPH B. GUY, Jr., Circuit Judge.

Local 670 of the United Rubber, Cork, Linoleum and Plastic Workers of America (URW) appeals the dismissal of its hybrid breach of contract/duty of fair representation claim pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C. §§ 185 and 159(a).1 The district court, after...

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