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A & D SUPERMARKETS v. LOCAL UNION 880

No. C88-3551.

732 F.Supp. 770 (1989)

A & D SUPERMARKETS, INC., # 2, et al., Plaintiffs, v. UNITED FOOD AND COMMERCIAL WORKERS, LOCAL UNION 880, et al., Defendants.

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

December 22, 1989.

Attorney(s) appearing for the Case

G. Roger King, Jones, Day, Reevis & Pogue, Columbus, Ohio, for plaintiffs.

Melvin S. Schwarzwald, Todd C. Park, Schwarzwald, Robiner, Rock & Levin, Cleveland, Ohio, William B. Gore, Laybourne, Smith, Gore & Goldsmith, Akron, Ohio, Anthony P. Sgambati, III, Green, Haines, Sgambati, Youngstown, Ohio, for defendants.

MEMORANDUM OF OPINION

BATCHELDER, District Judge.

This matter is before the Court on the motion of the defendants to dismiss the complaint and/or to join parties. Based on this motion, the parties' briefs and the complaint, the Court finds that the federal antitrust claims are not covered by the statutory or nonstatutory labor exemptions to the federal antitrust laws; that the state antitrust claims are preempted by federal law; that the plaintiffs' claims...

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