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BODECKER v. LOCAL UNION NO. P-46

No. 80-1328.

640 F.2d 182 (1981)

Russell BODECKER, Walter Harrington, Jr., Lathan Horton, J. C. Green, Mills Saunders, Eron Scullark, Ernest Van Arsdale, Appellants, Herbert D. Wheeler, Mike Stigler and Gary Bender, Appellants, v. LOCAL UNION NO. P-46, Affiliated with United Food and Commercial Workers International Union, AFL-CIO, Lyle Taylor, President, Local Union No. P-46, Affiliated with United Food and Commercial Workers International Union, AFL-CIO and The Rath Packing Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 18, 1981.

Attorney(s) appearing for the Case

Larry J. O'Connor, P. C., Waterloo, Iowa, for appellants.

Patrick M. Roby, Shuttleworth & Ingersoll, Cedar Rapids, Iowa, for appellee, Rath Packing Co.

Robert D. Fulton, Fulton, Frerichs, Nutting, Martin & Andres, P. C., Waterloo, Iowa, for appellees, Local Union No. P-46, Affiliated with United Food and Commercial Workers International Union, AFL-CIO.

Before BRIGHT and STEPHENSON, Circuit Judges, and LARSON, Senior District Judge.

STEPHENSON, Circuit Judge.

Plaintiff-appellants brought suit seeking injunctive and declaratory relief, and damages under 29 U.S.C. § 185. The plaintiffs' principal claim is that the defendants acted in violation of the Iowa Wage Payment Collection Law, Iowa Code § 91A.5(1), by amending the collective bargaining agreement to establish stock acquisition and profit-sharing plans funded by payroll deferrals. The district court1...

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