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EMPIRE EXCAVATING COMPANY v. AMERICAN ARBITRATION ASS'N

Civ. No. 87-0941.

693 F.Supp. 1557 (1988)

EMPIRE EXCAVATING COMPANY, Plaintiff, v. AMERICAN ARBITRATION ASSOCIATION and International Union of Operating Engineers, Local 542, Defendants.

United States District Court, M.D. Pennsylvania.

June 29, 1988.

Attorney(s) appearing for the Case

Charles F. Wilson, Scranton, Pa., for plaintiff.

Jonathan Walters, Philadelphia, Pa., for defendants.

MEMORANDUM AND ORDER

NEALON, Chief Judge.

Currently before the court are cross-motions for summary judgment based on a stipulation of material facts. For the reasons that follow, the court will dismiss this action for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1).

Background

Plaintiff Empire Excavating Company (Empire) is an employer within the meaning of section 2(2) of the National Labor Relations Act (NLRA...

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