James Abernathy v. United States Postal Service

JOHN R. GIBSON, Circuit Judge.

James Abernathy brought this action to set aside an arbitrator’s award sustaining his discharge from the United States Postal Service. He appeals from the dismissal of his complaint. The district court 1 held that Abernathy’s action against the Postal Service under 39 U.S.C. § 1208 (1982) was subject to the Missouri statute of limitations on actions challenging arbitration awards, Mo.Rev.Stat. § 435.120 (1978), and that failure to give ten days notice to the adverse party as that statute required barred Abernathy’s action. It also concluded that, absent a claim…