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Carol Bergin v. Teamsters Local Union No. 77

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


February 3, 2011

CAROL BERGIN, PLAINTIFF,
v.
TEAMSTERS LOCAL UNION NO. 77, DEFENDANT.

The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER AND NOW, this 3rd day of February, 2011, upon review of Defendant's Motion to Dismiss [Doc. No. 2], Plaintiff's response [Doc. No. 4], and Defendant's reply [Doc. No. 8], and for the reasons set forth in the attached Memorandum Opinion, it is hereby ORDERED that Defendant's Motion is GRANTED in part and DENIED in part. Plaintiff's due process claim is DISMISSED for failure to state a claim upon which relief may be granted. Plaintiff's state law claim that Defendant breached its duty of fair representation is REMANDED to the Court of Common Pleas for Delaware County.

The Clerk of Court is DIRECTED to CLOSE this case. It is so ORDERED.

BY THE COURT:

Cynthia M. Rufe

20110203

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