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INTERNATIONAL UNION, ETC. v. ATLAS TACK CORP.

No. 78-1336.

590 F.2d 384 (1979)

INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, and its LOCAL 899, UAW, Plaintiffs, Appellants, v. ATLAS TACK CORPORATION et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 15, 1979.

Attorney(s) appearing for the Case

Claude D. Montgomery, Detroit, Mich., with whom John A. Fillion, M. Jay Whitman, Detroit, Mich., and Segal, Roitman & Cole, Boston, Mass., were on brief, for plaintiffs, appellants.

Edward Brodsky, New York City, with whom Spengler, Carlson, Gubar, Churchill & Brodsky, New York City, were on brief, for defendants, appellees.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

This case involves a claim by the International Union, UAW and its Local 899 (Union) that the Atlas Tack Corporation (Atlas) improperly terminated a pension plan covering the Union's members. The Union sought to premise federal jurisdiction on § 301 of the Labor Management Relations Act, 29 U.S.C. § 185. The district court, after hearing and full consideration, dismissed the action for lack of subject matter jurisdiction...

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