RAY v. W.S. DICKEY CLAY MFG. CO.

Civ. A. Nos. 77-2200, 77-2201, 77-2251, 77-2252, and 79-2230.

584 F.Supp. 1225 (1984)

Dives RAY, Julian DeGruson, et al., Carl A. Wood, et al., Plaintiffs, v. W.S. DICKEY CLAY MANUFACTURING COMPANY, et al., Defendants.

United States District Court, D. Kansas.

April 19, 1984.


Attorney(s) appearing for the Case

Michael E. Callen, Callen, Sexton, Rajala & Shelor, Kansas City, Kan., Melvin Kodas, Robert Gingrich, Jr. Kodas, Reed & McFadden, Ronald Stites, Kansas City, Mo., for plaintiffs.

J. Donald Lysaught, Weeks, Thomas & Lysaught, Kansas City, Kan., Jack L. Whitacre, Michael F. Delaney, Spencer, Fane, Britt & Browne, Kansas City, Mo., for W.S. Dickey Clay Mfg. Co.

John F. Steineger, Mark S. Gunnison, McDowell, Rice & Smith, Kansas City, Kan., for United Steelworkers of America, AFL-CIO.

James R. Goheen, John J. Jurcyk, Jr., and Kenneth H. Beck, McAnany, Van Cleave & Phillips, Kansas City, Kan., John C. Thurlo, Swanson, Midgley, Gangwere, Thurlo & Clarke, Kansas City, Mo., for Metropolitan Life Ins. Co.


MEMORANDUM AND ORDER

O'CONNOR, Chief Judge.

This matter is presently before the court on the motion of defendant United Steelworkers of America, AFL-CIO ("Steelworkers"), to dismiss, pursuant to Fed.R. Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted. The court has had the benefit of briefs submitted by the parties, and is now prepared to rule.

When considering a motion to dismiss, the court must take all of the factual...

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