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INTERN. UNION OF OPERATING ENG. v. NAT. LABOR REL.

Civil No. 3-96-10.

940 F.Supp. 1439 (1996)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 70, Plaintiff, v. NATIONAL LABOR RELATIONS BOARD, Defendant.

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

June 17, 1996.

Attorney(s) appearing for the Case

Gregg M. Corwin, Gregg M. Corwin & Associates, Saint Louis Park, MN, and Patricia E. Kuderer, Hoff, Barry & Kuderer, P.A., Eden Prairie, MN, of counsel, for Plaintiff.

Margery E. Lieber, Assistant General Counsel for Special Litigation, Eric G. Moskowitz, Deputy Assistant General Counsel, Paul A. Ades, Attorney, and Marlin O. Osthus, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for Defendant.

MEMORANDUM OPINION & ORDER

KYLE, District Judge.

Introduction

Before the Court is Defendant's Motion to Dismiss for lack of jurisdiction and for failure to state a claim upon which relief may be granted. For the reasons set forth below, Defendant's Motion will be granted.

Background

Plaintiff International Union of Operating Engineers Local 70 ("the Union") is the exclusive collective bargaining representative of the food...

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