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GARCIA v. EIDAL INTERN. CORP.

No. 84-2255.

808 F.2d 717 (1986)

Richard GARCIA, et al., Plaintiffs-Appellants, v. EIDAL INTERNATIONAL CORPORATION, a foreign corporation; Jencor International Corporation, a foreign corporation; and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO, Local Lodge No. 338, a labor organization, and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO, labor organization, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 12, 1987.

Attorney(s) appearing for the Case

Douglas G. Voegler of Marchiondo & Berry, P.A., Albuquerque, N.M. (H. Richard Blackhurst, Albuquerque, N.M., with him on brief), for plaintiffs-appellants.

Joseph L. Werntz (Terry D. Farmer with him on brief) of Moses, Dunn, Beckley, Espinosa & Tuthill, Albuquerque, N.M., for defendant-appellee Eidal International Corporation.

Thomas H. Marshall of Blake & Uhlig P.A., Kansas City, Mo. (Gerlad R. Bloomfield of Kool, Kool, Bloomfield & Hollis, P.A., Albuquerque, N.M., and Robert L. Dameron of Blake & Uhlig P.A., Kansas City, Kan., on brief), for the Union defendants-appellees.

Before McKAY, SEYMOUR, and MOORE, Circuit Judges.

SEYMOUR, Circuit Judge.

A number of former employees of Eidal International Corporation brought suit against Eidal, Jencor International Corporation, and the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers, AFL-CIO, and its affiliate, Local Lodge No. 38 (the union). The district court granted defendants' motion to dismiss on the ground that the suit was time barred under DelCostello v. International Brotherhood of...

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