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YERDON v. TEAMSTERS LOCAL 1149

Civ. No. 94-CV-424.

886 F.Supp. 226 (1995)

Patricia A. YERDON, Plaintiff, v. TEAMSTERS LOCAL 1149, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL-CIO; International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO; Robert L. Henry, Individually, as Secretary-Treasurer and Principal Executive Officer of Local 1149 and as a Member of the Executive Board of Local 1149; David W. Stewart, Individually, as Secretary-Treasurer of Local 1149 and as a Member of the Executive Board of Local 1149; Joseph Zainchowski, Individually, as Vice-President of Local 1149 and as a Member of the Executive Board of Local 1149; Robert Calabria, Individually, as Trustee of Local 1149 and as a Member of the Executive Board of Local 1149; Joseph Davis, Individually, as Trustee of Local 1149 and as a Member of the Executive Board of Local 1149; John Case, Individually, as a Trustee of Local 1149 and as a Member of Local 1149 Executive Board; Thomas Halstead, Individually, as Vice-President of Local 1149 and as a Member of the Local 1149 Executive Board; Stephen W. Richmond, Individually, its President and Business Agent of Local 1149 and as a Member of the Local 1149 Executive Board; Howard Ormsby, Individually as Recording Secretary of Local 1149 and as a Member of the Local 1149 Executive Board; Louis Knapp, Jr., Individually, as Trustee of Local 1149 and as a Member of the Local 1149 Executive Board; Leonard Martin, Individually, as Trustee of Local 1149 and as a Member of the Local. 1149 Executive Board; and Anna Swank-Worth, Individually, as Recording Secretary of Local 1149 and as a Member of the Local 1149 Executive Board, Defendants.

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

May 12, 1995.

Attorney(s) appearing for the Case

Pinsky & Sandalis, Syracuse, NY (Alan R. Peterman, of counsel), for plaintiff.

Satter & Connor (Mimi Satter, of counsel), Emil M. Rossi, Syracuse, NY, Barbara Harvey, Detroit, MI, for defendants.

DECISION AND ORDER

SCULLIN, District Judge:

PROCEDURAL BACKGROUND

Currently before the court is Teamsters Local 1149's ("Local 1149") and the individual defendants' motion to dismiss for failure to state a claim or alternatively for summary judgment. This is the third time this action is before the court.

Plaintiff originally brought this action alleging violations of:

• Title VII, 42 U.S.C. § 2000e et seq...

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