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SMEGAL v. GATEWAY FOODS OF MINNEAPOLIS

No. 83-2489.

763 F.2d 354 (1985)

Richard L. SMEGAL, Marvin A. Rogers, and Rodney W. Bomstad, on behalf of themselves and all others similarly situated, Appellants, v. GATEWAY FOODS OF MINNEAPOLIS, INC., National Super Markets, Inc., and Over-the-Road, City Transfer, Cold Storage, Grocery & Market Drivers, Helpers & Inside Employees Union, Local No. 544, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 5, 1985.

Attorney(s) appearing for the Case

James C. O'Neill, St. Paul, Minn., for appellants.

David R. Hols, Erwin A. Peterson, St. Paul, Minn., and Frank Vogl, Minneapolis, Minn., for appellees.

Before MC MILLIAN, Circuit Judge, FAIRCHILD, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

FAIRCHILD, Senior Circuit Judge.

Plaintiffs' principal claim is for breach of a collective bargaining agreement under § 301(a) of the Labor Management Relations Act (LMRA) (29 U.S.C. § 185). Plaintiffs are three drivers and warehousemen formerly employed at the Hopkins, Minnesota food distribution facility of National Super Markets, Inc. (National). Plaintiffs stated that they sued on behalf of others similarly situated although no class has been certified...

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