UNITED FOOD & COM. WORKERS UNION v. ALBERTSON'S

No. 98-2267.

207 F.3d 1193 (2000)

UNITED FOOD & COMMERCIAL WORKERS UNION, LOCAL 1564 OF NEW MEXICO, Plaintiff-Appellee, v. ALBERTSON'S, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 16, 2000.


Attorney(s) appearing for the Case

Thomas L. Stahl (Edward Ricco with him on the briefs) of Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, New Mexico, for the appellant.

Shane C. Youtz of Youngdahl & Sadin, P.C., Albuquerque, New Mexico, for the appellee.

Before ANDERSON, HENRY and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

This case presents the question of whether a federal court has jurisdiction to adjudicate a union's declaratory judgment claim, premised on the federal question statute, 28 U.S.C. § 1331, and the Declaratory Judgment Act of 1934, 28 U.S.C. § 2201, that a collective bargaining agreement contains terms that run afoul of the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. §§ 201-219. At the time this litigation was filed...

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