United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 97-2166 ___________

Gary Fountain, * * Appellant, * * v. * Appeal from the United States * District Court for the Stone Container, Inc.; United * Eastern District of Arkansas. Paperworkers International Union, * * [UNPUBLISHED] Appellees. * ___________

Submitted: February 13, 1998 Filed: March 2, 1998 ___________

Before FAGG, BEAM, and HANSEN, Circuit Judges. ___________

PER CURIAM.

Gary Fountain appeals the district court&s1 adverse grant of summary judgment on his claims that his union breached its duty of fair representation and his employer breached a collective bargaining agreement. After a careful review of the record and the parties& submissions on appeal, we affirm for the reasons stated by the district court. See 8th Cir. R. 47B. We also grant appellees& joint motion to strike portions of the joint appendix.

1 The Honorable Elsijane Trimble Roy, United States District Judge for the Eastern District of Arkansas. Accordingly, we affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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