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LAKELAND CONST. CO. v. OPERATIVE PLASTERERS, ETC.

No. 79 C 3101.

494 F.Supp. 37 (1980)

LAKELAND CONSTRUCTION CO., INC., Plaintiff, v. OPERATIVE PLASTERERS & CEMENT MASONS INTERNATIONAL ASSOCIATION, LOCAL NO. 362, Defendant.

United States District Court, N. D. Illinois, E. D.

March 11, 1980.

Attorney(s) appearing for the Case

George E. Riseborough, A. Lynn Himes, Waukegan, Ill., and Gerard Smetana, Chicago, Ill., for plaintiff.

Hugh B. Arnold, Marc M. Pekay, Arnold & Kadjan, Chicago, Ill. (of counsel), for defendant.

DECISION ON MOTION TO DISMISS

McMILLEN, District Judge.

The Corrected First Amended Complaint (hereinafter referred to as the complaint) seeks relief pursuant to §§ 301 and 303 of the Labor Management Relations Act of 1947, 29 U.S.C. §§ 185, 187. Defendant has filed a motion to dismiss the complaint, pursuant to Rules 12(b)(1) and (b)(6). Rule 12(b)(1) is invoked because defendant takes the position that certain of plaintiff's theories...

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