GUTIERREZ v. UNITED FOODS, INC.

No. 91-6231.

11 F.3d 556 (1994)

Mauricio GUTIERREZ, Francisco Aguirre, Simon Blanco, Teresa Calzada, Domingo Cortez, Delfino De La Garza, Concepcion Garza, Alfredo Gonzales, Maria Concepcion Guillen, Elena Herrera, Eliseo Lerma, Vincente Lopez, Maria Martinez, Pedro Ortiz, Anastacio Ramirez, Carolina Salinas, Virginia Aguirre, Paula Chavez, Jose Garcia Sosa, Maria Guadalupe Garza, Candelaria Hinojosa, Maria Zapata, and Ofelia Gaona, Plaintiffs-Appellants, v. UNITED FOODS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 14, 1994.


Attorney(s) appearing for the Case

Michael Kirkpatrick, Elizabeth A. Crabb, Jeffrey Scott Levin, Texas Rural Legal Aid, Inc. Weslaco, TX, for plaintiffs-appellants.

Thomas C. Walsh, Erwin O. Switzer, III, Bryan Cave, St. Louis, MO, for defendant-appellee.

Before GARWOOD and DeMOSS, Circuit Judges.


GARWOOD, Circuit Judge:

Plaintiffs-appellants union members sued their former employer, defendant-appellee United Foods, Inc., for allegedly breaching the successors and assigns clause of its collective bargaining agreement with their union, under which they assert that United Foods was obligated to, but did not, require the purchaser of the business from United Foods to assume the labor agreement as a condition of the sale. The court below awarded summary judgment...

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