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CARRUTHERS READY-MIX, INC. v. CEMENT MASONS LOCAL UNION NO. 520

No. 83-5465.

779 F.2d 320 (1985)

CARRUTHERS READY-MIX, INC., Plaintiff-Appellee, v. CEMENT MASONS LOCAL UNION NO. 520, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided December 18, 1985.

Rehearing and Rehearing Denied February 19, 1986.

Attorney(s) appearing for the Case

Tim Edwards, Gerber, Gerber & Agee, Deborah Godwin argued, Memphis, Tenn., for defendants-appellants.

Joe D. Pegram (Lead) argued, Oxford, Miss., Larry S. Bush, Law School, University, Miss., for plaintiff-appellee.

Before JONES and CONTIE, Circuit Judges; and EDWARDS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied February 19, 1986.

CONTIE, Circuit Judge.

Cement Masons Local Union No. 521 appeals an order of the district court denying its motion to dismiss several claims of plaintiff Carruthers Ready-Mix, Inc.'s complaint pursuant to 29 U.S.C. § 187 in this interlocutory appeal pursuant to 28 U.S.C. § 1292(b). The district court determined that 29 U.S.C. § 160(b) supplied the proper limitation period via DelCostello...

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