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07-4514 - Earl Burkholder, Jr. v. International Union United Aut, et al


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07-4514 - Earl Burkholder, Jr. v. International Union United Aut, et al
November 3, 2008
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OPINION filed : The grant of summary judgment is VACATED and the matter is REMANDED with instructions that the district court determine whether any of the claims asserted in the complaint were made within the statute of limitations. If the court finds that any of Appellant's claims survive the statute of limitations bar, it should then determine whether the defendants breached the duty of fair representation; decision not for publication pursuant to local rule 28(g). Martha Craig Daughtrey, Circuit Judge; Ronald Lee Gilman, Circuit Judge, separate concurring opinion, and Arthur L. Alarcon, Authoring Senior Circuit Judge for the United States Court of Appeals for the Ninth Circuit. (14 pages)--[Edited 11/03/2008 by RD]