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D'AMATO v. WISCONSIN GAS CO.

No. 83-3235.

760 F.2d 1474 (1985)

Joseph D'AMATO, Plaintiff-Appellant, v. WISCONSIN GAS COMPANY, Ellen Shong, Director, Office of Federal Contract Compliance Programs, and Peter M. Sliva, Area Office Director, Office of Federal Contract Compliance Programs, Defendants-Appellees, and Oil, Chemical and Atomic Workers International Union, AFL-CIO, Local 6-18, Party of Interest.

United States Court of Appeals, Seventh Circuit.

Decided April 25, 1985.

Attorney(s) appearing for the Case

Kenneth R. Loebel, Habush, Habush & Davis, S.C., Milwaukee, Wis., for plaintiff-appellant.

Stanley S. Jaspan, Foley & Lardner, Milwaukee, Wis., Jay D. Adelstein, U.S. Dept. of Labor, Washington, D.C., for defendants-appellees.

Before CUMMINGS, Chief Judge, CUDAHY, Circuit Judge, and PELL, Senior Circuit Judge.

CUMMINGS, Chief Judge.

Plaintiff Joseph D'Amato appeals from the district court's dismissal of his complaint under Fed.R.Civ.P. 12(b)(6) for failure to state a claim for which relief can be granted. For the reasons stated herein, we affirm the lower court.

I

Plaintiff's factual allegations, which we take as true for the purposes of a Rule 12(b)(6) motion, are as follows. Defendant Wisconsin Gas Company (the "Company") hired D'Amato on April 23, 1980...

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