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RADIO-ELECTRONICS v. RADIO OFFICERS

No. 91 Civ. 1499 (LAP).

811 F.Supp. 151 (1993)

RADIO-ELECTRONICS OFFICERS UNION, DISTRICT 3, NMEBA, AFL-CIO, Plaintiff, v. RADIO OFFICERS JOINT EMPLOYMENT COMMITTEE and Radio Officers Union Vacation Plan, Defendants.

United States District Court, S.D. New York.

January 28, 1993.

Attorney(s) appearing for the Case

Ernest Allen Cohen, Tucson, AZ, Frank & Breslow by Allen B. Breslow, Huntington, NY, for plaintiff.

Dickstein, Shapiro & Morin by Ira R. Mitzner, Washington, DC, Dickstein, Shapiro & Morin by Leonard Garment, New York City, for plaintiff-intervenor.

Proskauer Rose Goetz & Mendelsohn by Bettina B. Plevan, New York City, for defendants.

OPINION AND ORDER

PRESKA, District Judge.

Plaintiff-intervenor, Jim H. DeLong, has moved to dismiss this action pursuant to Fed.R.Civ.P. 12(h)(3) for lack of subject matter jurisdiction by notice of motion dated August 9, 1991. For the reasons set forth below, the motion is granted, and judgment dismissing this action shall be entered.

I. Procedural Background

Plaintiff, Radio-Electronics...

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