Terry v. Chauffeurs, Teamsters & Helpers, Local 391

SPROUSE, Circuit Judge:

This is an interlocutory appeal by the Chauffeurs, Teamsters & Helpers, Local 391 (“the Union”) from the district court’s order refusing to strike the jury trial demand of the plaintiffs, Thomas C. Terry and twenty-six other truck drivers (hereinafter “Terry”), holding that Terry was entitled under the seventh amendment to the United States Constitution to a jury trial of his hybrid § 301/duty of fair representation action, see Vaca v. Sipes, 386 U.S. 171, 87 S.Ct. 903, 17 L.Ed.2d 842 (1967), against his employer and the Union.1 Terry v. Chauffeurs, Teamsters & Helpers,…