Papell v. Loomis Armored, Inc.

97 F.3d 1460 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brett PAPELL, Leonard Williams, Plaintiffs-Appellants, v. LOOMIS ARMORED, INC., a corporation; Retail Delivery Drivers, Local Union 278, International Brotherhood of Teamsters, a labor organization, Defendants-Appellees No. 95-15704. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1996. * Decided Sept. 23, 1996. Before: SNEED, NOONAN, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Brett Papell and Leonard Williams challenge an adverse grant of summary judgment in their action against their former employer, Loomis Armored, Inc. ("Loomis"), and their union, Retail Delivery Drivers, Local Union 278, International Brotherhood of Teamsters ("Union"). They argue that the district court erred in concluding that the Union did not breach its duty of fair representation, with the result that appellants cannot state a claim for wrongful termination, and that their defamation claim was preempted by section…