Unpublished Dispositionmike Fragapane, Plaintiff-appellant, v. Ryder P-i-e Nationwide, Inc., Helms Byrns, Local Unionnumber 24, Freight Drivers, Dockworkers & Helpers,defendants-appellees, 836 F.2d 549 (6th Cir. 1987)

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U.S. Court of Appeals for the Sixth Circuit - 836 F.2d 549 (6th Cir. 1987) Dec. 17, 1987


Before KEITH and WELLFORD, Circuit Judges, and THOMAS G. HULL, District Judge.* 

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and record, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Plaintiff brought this action alleging that defendants Ryder P-I-E Nationwide and Helms Byrns had breached a provision of a collective-bargaining agreement and that defendant Local 24 breached its duty of fair representation by mishandling the ensuing grievance proceedings. The action was tried to the district court who granted defendants' motion to dismiss at the conclusion of plaintiff's case. This appeal followed. On appeal the parties have briefed the issues, plaintiff acting pro se.

Upon consideration, we affirm the reasons announced by the district court in open court at the trial of this case and incorporated by reference in the judgment entry of November 18, 1986. Rule 9(b) (5), Rules of the Sixth Circuit.


The Honorable Thomas G. Hull, Chief U.S. District Judge for the Eastern District of Tennessee, sitting by designation