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ALBRIGHT v. VIRTUE

No. 00-4279.

273 F.3d 564 (2001)

Jeffrey D. ALBRIGHT; Norman T. Boire; Gary M. Dietz; William H. Erdman; Michael W. Fritz; A. Ronald Frombaugh; Ralph A. Harris; Allen W. Landis; Lowell McGuire; Walter R. Minich; Raymond C. Nevins; Stanley L. Nye; Vincent Ramirez, Jr.; Keith E. Sgrignoli; Ray G. Snyder, Jr.; Lawrence D. Welker, Appellants, v. Daniel A. VIRTUE, Business Agent of the International Brotherhood of Teamsters; International Brotherhood of Teamsters; Local 776, International Brotherhood of Teamsters; ABF Freight System, Inc.

United States Court of Appeals, Third Circuit.

Filed December 6, 2001.

Attorney(s) appearing for the Case

Robert S. Mirin (Argued), Mirin & Jacobson, Harrisburg, PA, Attorney for Appellants.

Wendy D. Bowie (Argued), Ira H. Weinstock, Ira H. Weinstock, P.C., Harrisburg, PA, James A. McCall, International Brotherhood of Teamsters, Washington, DC, Attorney for Appellees, Daniel A. Virtue, Business Agent of the International Brotherhood of Teamsters; International Brotherhood of Teamsters; Local 776, International Brotherhood of Teamsters.

Joseph E. Santucci, Jr. (Argued), Mary D. Walsh, Morgan, Lewis & Bockius, Washington, D.C., Vincent Candiello, Morgan, Lewis & Bockius, LLP, Harrisburg, PA, Attorneys for Appellee ABF Freight System, Inc.

Before BECKER, Chief Judge, McKEE and WEIS, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

The plaintiffs in this appeal are members of a Teamsters Local Union in Central Pennsylvania who objected to the manner in which seniority lists were merged following the consolidation of two trucking lines. When their internal union grievances were unsuccessful, they brought what is generally known as a hybrid duty of fair representation/§ 3011 suit in the District Court for the...

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