CUMMINGS v. JOHN MORRELL & CO.

No. 93-5285.

36 F.3d 499 (1994)

Ernest Leon CUMMINGS, et al., Plaintiffs, v. JOHN MORRELL & COMPANY, et al., Defendants/Cross-Defendants/Appellees, United Food and Commercial Workers International Union, AFL/CIO-CLC; United Food and Commercial Workers Local 242, Defendants/Cross-Plaintiffs/Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 23, 1994.


Attorney(s) appearing for the Case

George A. Joseph (argued and briefed), Kirkland & Ellis, Chicago, IL, for defendants-appellees.

Mark Allen, Agee, Allen, Godwin, Morris & Laurenzi, Memphis, TN, Harry Huge, Shea & Gould, Annette M. Capretta, Steven K. Hoffman (argued and briefed), Molly S. McUsic, Donovan, Leisure, Rogdvin Huge & Shiller, Richard B. Roesel, Washington, DC, for defendants-appellants.

Before: GUY and NELSON, Circuit Judges; and QUIST, District Judge.


DAVID A. NELSON, Circuit Judge.

This is an appeal by a labor union from a summary judgment in favor of an employer that had been charged by the union with breach of a collective bargaining agreement. The union's claim was brought under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185, a statute that has no explicit limitations period.

The question that we must decide is whether, as the union contends, the timeliness of the claim should...

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