# Robert Kenneth Dewey v. Reynolds Metals Company

> Court of Appeals for the Sixth Circuit · August 11, 1970 · 429 F.2d 324

URL: https://www.frixlaw.com/law-library/cases/9455837

## Case

- **Full name:** Robert Kenneth DEWEY, Plaintiff-Appellee, v. REYNOLDS METALS COMPANY, Defendant-Appellant
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** August 11, 1970
- **Citations:** 429 F.2d 324
- **Precedential status:** Published
- **Opinion:** Dissent by McCREE
- **Judges:** Weick, Combs, O'Sullivan, McCree
- **Cited by:** 115 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled — as noted by a later court.
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9455837

## How later opinions describe it (automated extraction)

- holding a suit by employee alleging a Title VII civil rights violation could not be brought in court after the employee’s grievance, based on the same civil rights violation, had been finally adjudicated by arbitration

## Opinion text

McCREE, Circuit Judge
(dissenting). I would grant the petition for rehearing and affirm the judgment of the District Court for the reasons stated in the dissenting opinion of Judge Combs. Furthermore, I observe that in addition to the Seventh Circuit, Bowe v. Colgate-Palmolive Co., 416 F.2d 711 (1969), the Fifth Circuit has held that appellee’s invocation of the grievance-arbitration procedure did not bar him from proceeding in the District Court under Title VII of the Civil Rights Act. Hutchings v. United States Industries, Inc., No. 28750 (5th Cir. June 19, 1970).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9455837. Public record. Not legal advice.