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THE SOUTHERN REGIONAL JOINT BOARD OF UNITE v. THE MAY DEPARTMENT STORES COMPANY, INC.

No. 97-9582.

171 F.3d 754 (1999)

THE SOUTHERN REGIONAL JOINT BOARD OF UNITE, The May Company Independent Shareholders Committee, Union of Needletrades, Industrial and Textile Employees ("UNITE"), Plaintiffs-Appellants, v. THE MAY DEPARTMENT STORES COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 25, 1999.

Attorney(s) appearing for the Case

Eric Seiler, New York, N.Y. (Lance J. Gotko, Friedman Kaplan & Seiler LLP, New York, NY, of counsel), for Plaintiffs-Appellants.

Robert E. Zimet, New York, N.Y. (Susan L. Saltzstein, William J. Hine, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, of counsel), for Defendant-Appellee.

BEFORE: NEWMAN, McLAUGHLIN, AND PARKER, Circuit Judges.

PER CURIAM.

Plaintiffs-Appellants Union of Needletrades, Industrial & Textile Employees ("Unite"), The Southern Regional Joint Board of Unite, and The May Company Independent Shareholders Committee (collectively, "UNITE") appeal from the Judgment and Order of the United States District Court for the Southern District of New York, entered November 24, 1997, dismissing UNITE's case for failure to state a cause of action under Fed.R.Civ.P. 12(b)(6) and failure to...

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