THOMAS v. BAKERY, ETC., WKRS. UNION LOCAL NO. 433

No. 86-2214.

826 F.2d 755 (1987)

Selman (Joe) THOMAS, Jr.; Lloyd Anderson; David Bell; Dale John Burk; Dennis Canterbury; John Conner; Curtis Cotton; Michael DeJaynes; Bessie Estell; Mary Louis Fillbach; Paul Flower; David Foster; Donald Froien; James George; Eddie Gill; Ivan Heesacker; Robert Hinsely; Lewis Huston; Josephine James; Calvin Jewett; Ralph Johnson; Kent Jorgensen; Patricia Livengood; William Marsh; Clyde Moore; Percy Moore; James Nash; Robert Peters; John Pittman; Sylvio Rebolloso; Jane Reed; Wayne Shaffar; Paul Stone; James Thompson; James Walker; Clayton Welch; Ishanwee Wrenn; Gerald Carew; Thomas Hayden; and Melvin Wade, Jr., Appellants, v. BAKERY, CONFECTIONERY AND TOBACCO WORKERS UNION LOCAL # 433 and Metz Baking Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 17, 1987.

Rehearing and Rehearing Denied September 24, 1987.


Attorney(s) appearing for the Case

Thomas J. Young, Omaha, Neb., for appellants.

MacDonald Smith, Sioux City, Iowa, for Bakery, Confectionery and Tobacco Workers Union Local No. 433.

Joe P. Cashen, Omaha, Neb., for Metz Baking Co.

Before ARNOLD, Circuit Judge, WRIGHT and HENLEY, Senior Circuit Judges.


Rehearing and Rehearing En Banc Denied September 24, 1987.

ARNOLD, Circuit Judge.

In this action, plaintiffs are former employees of Interstate Brands Corporation ("IBC"), a bakery. In February 1983, defendant Metz Baking Company, a competitor of IBC, bought most of IBC's assets, including the plant on Leavenworth Street in Omaha, Nebraska, where plaintiffs worked. After the sale, Metz employed plaintiffs at the Leavenworth bakery for two weeks, until it closed...

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