HUETTIG & SCHROMM v. LANDSCAPE CONTRACTORS COUNCIL

No. C-83-2935-WWS.

582 F.Supp. 1519 (1984)

HUETTIG & SCHROMM, INC., Plaintiff, v. The LANDSCAPE CONTRACTORS COUNCIL OF NORTHERN CALIFORNIA; and Operating Engineers Local Union No. 3, International Union of Operating Engineers AFL-CIO, Defendants.

United States District Court, N.D. California.

April 13, 1984.


Attorney(s) appearing for the Case

Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., for plaintiff.

Joe R. McCray, Roger A. Carnagey, San Francisco, Cal., for Operating Engineers Local 3.

Berman, Cassel & Carter, San Francisco, Cal., for Landscape Contractors, etc.


MEMORANDUM OF OPINION AND ORDER

SCHWARZER, District Judge.

Factual Background

Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, plaintiff Heuttig & Schromm, Inc. moves to dismiss without prejudice. Defendant Operating Engineers Local Union No. 3 ("Local 3") moves to dismiss on the merits, with prejudice, and for summary judgment. Local 3 also seeks sanctions under Rule 11 in the form of attorney's fees and costs.

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