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Terry (Ps) and other various members of the Teamsters Union, Local 391 (D), brought an action against D. This was after Ps filed a grievance with D, but D refused to refer the charged to the grievance committee. Ps sued D alleging a violation of D’s duty of fair representation. The complaint sought compensatory damages for lost wages and health benefits. Ps claimed that D did not represent them properly in a back-pay dispute and their suit, Ps sought compensatory damages for lost wages and health benefits. Ps requested a jury trial. D moved to strike on grounds that no right to a jury trial exists in a duty of fair representation suit. The district court denied D's motion, and the Fourth Circuit affirmed. The Supreme Court granted certiorari.

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