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IUOE LOCAL UNION NO. 17 v. LEXO

No. 94-CV-766H.

918 F.Supp. 69 (1995)

INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL UNION NO. 17, Plaintiff, v. John C. LEXO, Defendant.

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

August 18, 1995.

Attorney(s) appearing for the Case

John A. Ziegler, Furlong and Delmonte, P.C. Williamsville, New York, for Plaintiff.

Richard G. Collins, Buffalo, NY, for Defendant.

DECISION AND ORDER

HECKMAN, United States Magistrate Judge.

The parties have consented to final disposition of this case before the Magistrate Judge pursuant to 28 U.S.C. § 636(c). Plaintiff has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons that follow, plaintiff's motion is denied, and the case is dismissed pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure for lack of subject...

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