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MERK v. JEWEL FOOD STORES DIV., JEWEL COMPANIES

No. 85 C 7876.

641 F.Supp. 1024 (1986)

Kelly MERK, Joseph Staszewski, Vickie Menagh, Donna McCormick, David Therkield, John Malone, Marlene Wagner, Michael Demare, Wayne Volker, Eleanore Collins, Andrew Kachik and Patricia Todd, on Behalf of Themselves and all Others Similarly Situated, Plaintiffs, v. JEWEL FOOD STORES DIVISION, JEWEL COMPANIES, INC., American Stores Company, Inc., and United Food and Commercial Workers Union, Local 881, Chartered by United Food and Commercial Workers International Union AFL-CIO and CLC, Defendants.

United States District Court, N.D. Illinois, E.D.

June 26, 1986.

Attorney(s) appearing for the Case

Jack Bartler, William Cremer, McKenna, Storer, Rowe, White & Farrug, Wheaton, Ill., James P. DeNardo, Barry S. Hyman, McKenna, Storer, Rowe, White & Farrug, Chicago, Ill., for plaintiffs.

Robert Karmel, Neal D. Rosenfeld, Jairus M. Gilden, Karmel & Rosenfeld, E. Allan Kovar, Kovar, Nelson & Brittain, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

This case presents difficult labor law issues which appear to be of first impression. The plaintiffs are part of a putative class of former supermarket employees of defendant Jewel Food Stores ("Jewel"). Their three-count complaint under § 301(a) of the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185(a),1 while pleading alternative and inconsistent claims...

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