SKYBERG v. UNITED FOOD AND COMMERCIAL WORKERS

No. CIV 92-4034.

800 F.Supp. 855 (1992)

Duane SKYBERG, et al., Plaintiffs, v. UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, AFL-CIO, and United Food and Commercial Workers Union, Local No. 304A, Defendants.

United States District Court, D. South Dakota, S. D.

September 8, 1992.


Attorney(s) appearing for the Case

A.J. Swanson Sioux Falls, S.D., A. Stevenson Bogue, II, Omaha, Neb., for plaintiffs.

R. Alan Peterson, Robert L. O'Connor, Sioux Falls, S.D., Theodore Sachs and Mary Ellen Gurewitz, Detroit, Mich., Irving M. King and Kelly J. Hupfeld, Chicago, Ill., for defendants.


MEMORANDUM OPINION AND ORDER OF DISMISSAL

JOHN B. JONES, Chief Judge.

Plaintiffs commenced this action on February 25, 1992, alleging that defendants breached their duty to fairly represent plaintiff union members in connection with a sympathy strike against Morrell-Sioux Falls which members of Local 304A conducted in support of the Sioux City local.

Defendants have each moved for dismissal under Rule 12 on the basis that (1) plaintiffs' claims are...

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