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DAVIS v. OHIO BARGE LINE, INC.

No. 82-5295.

697 F.2d 549 (1983)

David A. DAVIS, Appellant, v. OHIO BARGE LINE, INC., a corporation, and National Maritime Union of America, AFL-CIO, Port of Pittsburgh.

United States Court of Appeals, Third Circuit.

Decided January 10, 1983.

Attorney(s) appearing for the Case

Anthony J. Polito (argued), Corcoran, Hardesty, Ewart, Whyte & Polito, P.C., Pittsburgh, Pa., for Ohio Barge Line, Inc.

Ronald L. Gilardi (argued), Gilardi & Cooper, P.A., Pittsburgh, Pa., for Nat. Maritime Union of America, AFL-CIO, Port of Pittsburgh; George J. Cappiello, Jr., Phillips & Cappiello, New York City, of counsel.

Peter W. Sumak (argued), Washington, Pa., for appellant.

Before ALDISERT, SLOVITER and ROSENN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This is an appeal from the dismissal of Davis' complaint against his former employer Ohio Barge Line, Inc. [OBL] and the National Maritime Union of America, AFL-CIO, Port of Pittsburgh [Union]. The central issue on appeal is whether the district court erred in dismissing two counts of his complaint for want of subject matter jurisdiction under section 301 of the...

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