LOCAL 36 SHEET MET. WORKERS ASS'N v. KIRKWOOD, INC.

No. 4:93CV1639SNL.

911 F.Supp. 1197 (1996)

LOCAL 36, SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, AFL-CIO, Plaintiff, v. T.J. KIRKWOOD AND SON, INC.; Thomas Kirkwood; and Janet Kirkwood, Defendants/Counterclaim-Plaintiffs, v. LOCAL 36, SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, AFL-CIO, Counterclaim-Defendant, and The Sheet Metal and Air Conditioning Contractor's Association of St. Louis, d/b/a St. Louis Chapter, Sheet Metal and Air Conditioning Contractor's National Assn., Counterclaim-Defendant, and A.T. Zlotopolski and David C. Zimmerman, individually and as agents of Plaintiff and/or the Local Joint Adjustment Board, Counterclaim-Defendants, and Raymond Grossman and Joan Barton, individually and as agents of Sheet Metal and Air Conditioning Contractor's National Association and/or the Local Joint Adjustment Board, Counterclaim-Defendants, and Edward Hallam, individually and as an agent of Plaintiff, Counterclaim-Defendant.

United States District Court, E.D. Missouri, Eastern Division.

January 16, 1996.


Attorney(s) appearing for the Case

Arthur J. Martin, Charles A. Werner, Schuchat and Cook, St. Louis, MO, and Ira M. Berkowitz, Clayton, MO, for Local 36 Sheet Metal Workers' International Association.

David F. Yates, Stephen Duane Smith, and Stephen B. Higgins, Thompson and Mitchell, St. Louis, MO, for T.J. Kirkwood and Sons, Inc.

David F. Yates, Stephen Duane Smith, Stephen B. Higgins and Kelly M. Brown, Thompson and Mitchell, St. Louis, MO, for Thomas Kirkwood and Janet A. Kirkwood.

Arthur J. Martin and Charles A. Werner, Schuchat and Cook, St. Louis, MO, for A.T. Zlotopolski and David C. Zimmermann.

Ira M. Berkowitz, Clayton, MO, for the Sheet Metal and Air Conditioning Contractor's Association of St. Louis and Edward Hallam.

Roger Edgar, Greensfelder and Hemker, St. Louis, MO, for Raymond Grossman.

Lawrence P. Kaplan, Mark W. Weisman, Gallop and Johnson, St. Louis, MO, and Helmut Starr, Suelthaus and Kaplan, St. Louis, MO, for Joan Barton.


MEMORANDUM

LIMBAUGH, District Judge.

The plaintiff Union-Local 36 filed this two-count action seeking enforcement of an arbitration award against corporate defendant T.J. Kirkwood and Son, Inc. (Count I), and an accounting of corporate assets against the individual defendants Tom and Janet Kirkwood, as owners of T.J. Kirkwood and Son, Inc. (Count II). Defendants have counterclaimed against the plaintiff Union-Local 36, as well as the local employer...

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