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EMPLOYERS ASS'N v. UNITED STEELWORKERS

Nos. 92-3636, 92-3641.

23 F.3d 214 (1994)

EMPLOYERS ASSOCIATION, INC., for Itself and on Behalf of Its Member Employers, Appellee, v. UNITED STEELWORKERS OF AMERICA, AFL-CIO-CLC, Appellant, State of Minnesota, Intervenor. EMPLOYERS ASSOCIATION, INC., for Itself and on Behalf of Its Member Employers, Appellee, v. UNITED STEELWORKERS OF AMERICA, AFL-CIO-CLC, Defendant, State of Minnesota, Intervenor/Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 23, 1994.

Attorney(s) appearing for the Case

Scott R. Strand (argued), St. Paul, MN (Michael J. Vanselow, John G. Engberg and Scott A. Higbe, on the briefs), for appellant.

Mark B. Rotenberg (argued), Minneapolis, MN (Michael J. Wahoske and James H. Curtin, on the briefs), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, McMILLIAN and HANSEN, Circuit Judges.

PER CURIAM.

On March 18, 1994, we filed an opinion, 19 F.3d 405, in which a majority of this panel concurred, holding that the federal courts should abstain from reaching the merits of the preemption question presented on this appeal — whether the Minnesota Striker Replacement Act, Minn.Stat. § 179.12(9), conflicts with the National Labor Relations Act, 29 U.S.C. §§ 151...

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