Butrice A. Hines v. Local Union No. 377, Chauffeurs, Teamsters, Warehousemen & Helpers

EDWARDS, Circuit Judge

(concurring in part and dissenting in part.)

I agree with the majority opinion in affirming the judgment of the District Court in dismissal of the case as to the International Union. I also agree with the majority opinion in reversing for hearing as to plaintiffs’ allegations concerning the Local Union.

I think, however, that similar issues of fact were presented by the pleadings concerning plaintiffs’ charges against the employer which should not have been dealt with on summary judgment, and as a consequence, as to the employer the ease should likewise be reversed and remanded for hearing.