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COLLIER v. OPERATING ENGINEERS LOCAL UNION NO. 101

No. 51,179

228 Kan. 52 (1980)

612 P.2d 150

JIMMY R. COLLIER, d/b/a SERVICE AND MAINTENANCE CONSTRUCTION COMPANY, Appellant, v. OPERATING ENGINEERS LOCAL UNION No. 101, and CONSTRUCTION AND GENERAL LABORERS' LOCAL UNION No. 1290, Appellees.

Supreme Court of Kansas.

Opinion filed June 14, 1980.

Attorney(s) appearing for the Case

Laurence M. Jarvis, of Laurence M. Jarvis, Chartered, of Kansas City, argued the cause and was on the brief for the appellant.

Robert S. Fousek, of Kansas City, Missouri, argued the cause, and John J. Manning, of Kansas City, Missouri, and Timothy Evans, of Kansas City, were with him on the brief for Operating Engineers Local No. 101, appellee.

Richard B. Thompson, of Blake & Uhlig, of Kansas City, argued the cause and was on the brief for the Construction and General Laborers' Local Union No. 1290, appellee.

The opinion of the court was delivered by

FROMME, J.:

The plaintiff Jimmy R. Collier appeals from an order of the district court dismissing his petition for damages with prejudice. The court reasoned that it was without subject matter jurisdiction because the controversy concerned matters arguably protected by the Labor Management Relations Act of 1947, or arguably prohibited by said act.

The plaintiff filed the cause of action for damages against...

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