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DeSANTIAGO v. LABORERS INTERN. UNION, LOCAL 1140

No. 89-1911.

914 F.2d 125 (1990)

Savino DeSANTIAGO and Larry Colton, Appellants, v. LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL NO. 1140, a Labor Organization, Appellee, Jack DEVAULT, Appellant, v. LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL NO. 1140, a Labor Organization, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 10, 1990.

Attorney(s) appearing for the Case

Lyle A. Rodenburg, Council Bluffs, Iowa, for appellants.

Dennis M. McElwain, Sioux City, Iowa, for appellee.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.

HENLEY, Senior Circuit Judge.

The questions raised in this appeal are (1) whether this lawsuit brought by Savino DeSantiago, Larry Colton and Jack Devault against their local union, Laborers International Union of North America, Local 1140 ("Local"), was properly removed to federal court, and if so, (2) whether the district court1 erred in holding that DeSantiago and Colton's complaint was preempted by a prior National Labor Relations...

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