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LOCAL 3-689, OIL, CHEM. v. MARTIN MARIETTA ENERGY

No. 94-4071.

77 F.3d 131 (1996)

LOCAL 3-689, OIL, CHEMICAL & ATOMIC INTERNATIONAL UNION, Plaintiff-Appellant, v. MARTIN MARIETTA ENERGY SYSTEMS, INC.; Department of Energy, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 26, 1996.

Rehearing and Suggestion for Rehearing Denied May 6, 1996.

Attorney(s) appearing for the Case

John R. Doll (briefed), Julie C. Ford (briefed), Logothetis & Pence, Dayton, OH, for Local 3-689, Oil, Chemical and Atomic International Union.

Thomas M. Tarpy (briefed), Robert A. Harris, Vorys, Sater, Seymour & Pease, Columbus, OH, for Martin Marietta Energy Systems, Inc.

John S. Koppel (briefed), Anthony J. Steinmeyer, U.S. Department of Justice, Appellate Staff, Civil Division, Washington, DC, for Department of Energy.

Before: SILER and MOORE, Circuit Judges; FORESTER, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied May 6, 1996.

SILER, Circuit Judge.

Plaintiff Local 3-689, Oil, Chemical & Atomic International Union ("the union") appeals the district court's dismissal of its claims against defendants Martin Marietta Energy Systems, Inc. ("MMES") and the Department of Energy ("the DOE") brought pursuant to the Energy Policy Act of 1992 ("the Energy Act") and the National Labor Relations Act ("NLRA"). The union attacks...

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