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DISTRICT 2 BY GORMISH v. HINKS

Bankruptcy No. 85-0099, Adv. No. 86-0212.

67 B.R. 883 (1986)

In re DISTRICT 2, UNITED MINE WORKERS OF AMERICA, by Paul GORMISH, Trustee Ad Litem and Local Union 1723, United Mine Workers of America, by Roger Pleskonko, Trustee Ad Litem, Plaintiffs, v. Warren H. HINKS, Jr., an individual, Defendant v. ASSOCIATED DRILLING, INC., Additional Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

December 11, 1986.

Attorney(s) appearing for the Case

Robert S. Brierton, Johnstown, Pa., for defendant.

James C. Kuhn, III, Kuhn, Engle & Stein, Pittsburgh, Pa., for plaintiffs.

Kenneth P. Simon, Simon & Simon, Pittsburgh, for debtor.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Presently before the Court are Plaintiffs' and Defendant's cross-Motions for Summary Judgment. The issues to be determined are as follows:

1. Is the application of Pennsylvania's Wage Payment and Collection Law ("WPCL"), Pa.Stat.Ann. 43 § 260.1 et. seq. (Purdon's), preempted by the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 141 et. seq.; the National Labor Relations...

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