GONZALES v. WEST END IRON AND METAL

Civil No. 5-94-33.

915 F.Supp. 1031 (1996)

Robert L. GONZALES and Mark Berg, Plaintiffs, v. WEST END IRON AND METAL CORPORATION; and International Longshoreman's Association, Local 1279, Defendants.

United States District Court, D. Minnesota, Fifth Division.

February 23, 1996.


Attorney(s) appearing for the Case

Thomas F. Andrew, Brown Andrew Hallenbeck Signorelli & Zallar, Duluth, MN, for plaintiffs.

Joseph James Mihalek, Fryberger Buchanan Smith & Frederick, Duluth, MN, for West End Iron & Metal Corp.

Kenneth David Butler, Clure Eaton Butler Michelson Ferguson & Person, Duluth, MN, for Local 1279 Intern. Longshoreman's Ass'n.


ORDER

DOTY, District Judge.

This matter is before the court on defendants' motion to dismiss and for summary judgment. Specifically, defendants moved to dismiss Count II of plaintiffs' complaint under Fed.R.Civ.P. 12(b)(1). Defendants move for summary judgment on Count I. Based upon a review of the file, record and proceedings, and for the reasons stated, the court grants defendants' motions.

BACKGROUND

West End Iron and Metal Corporation...

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