Legal Opinion
Frank Winterberger v. General Teamsters Auto Truck Drivers and Helpers Local Union 162 and Joseph M. Edgar
Court of Appeals for the Ninth Circuit
Decided August 5, 1977No. 75-2854PublishedCited by 33 opinions
1Opinion of the Court
KOELSCH, Circuit Judge:
Winterberger, a member of the appellee Local 162, General Teamsters Auto Truck Drivers and Helpers Union (Local 162), appeals from summary judgment entered in favor of Local 162 in this action for damages and equitable relief under section 102 of the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. § 412. On this appeal the sole question is whether the district court erred in dismissing the action on the ground that Winterberger had failed to exhaust available intra-union remedies prior to commencing suit.
The facts, so far as need be noticed, are briefly…
2Cases cited13 opinions
- McKart v. United StatesSupreme Court of the United States · 1969
- National Labor Relations Board v. Industrial Union of Marine & Shipbuilding Workers of AmericaSupreme Court of the United States · 1968
- Gene Detroy v. American Guild of Variety Artists, Joey Adams, as Its President and Joe Smith, as Its TreasurerCourt of Appeals for the Second Circuit · 1961
- Eagles v. United States Ex Rel. SamuelsSupreme Court of the United States · 1946
- Rambert L. Simmons v. Avisco, Local 713, Textile Workers Union of AmericaCourt of Appeals for the Fourth Circuit · 1965
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Amato v. BernardCourt of Appeals for the Ninth Circuit · 1980
- Richard Drinkwater v. Metropolitan Life Insurance Co.Court of Appeals for the First Circuit · 1988
- Shawnee Coal Company v. Cecil D. Andrus, Secretary of the InteriorCourt of Appeals for the Sixth Circuit · 1981
- Michael A. Costantino, on Behalf of the Class of v. Trw, Inc. Jake Schoepler, Secretary, Board of Administrators Trw Salaried Pension PlanCourt of Appeals for the Sixth Circuit · 1994
- Curry v. Contract Fabricators Inc. Profit Sharing PlanCourt of Appeals for the Eleventh Circuit · 1990
28 more not listed; retrieve them via the Exa API.