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CARR v. LOCAL UNION 1593, INTERN. BROTH. OF ELEC. WORKERS

No. A1-04-18.

326 F.Supp.2d 999 (2004)

Michael CARR, Plaintiff, v. LOCAL UNION 1593, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS; and International Brotherhood of Electrical Workers, Defendants.

United States District Court, D. North Dakota, Southwestern Division.

July 22, 2004.

Attorney(s) appearing for the Case

Moody M. Farhart, Farhart, Lian, Maxson, Louser & Zent, P.C., Lynn M. Boughey, Minot, ND, for plaintiff.

Patrick J. Ward, Zuger, Kirmis & Smith, Bismarck, ND, Patrick A. Donovan, Hazen, ND, Mark G. Schneider, Schneider, Schneider & Schneider, Fargo, ND, Robert D. Kurnick, Sherman, Dunn, Cohen, Leifer & Yellig PC, Washington, DC, Daniel E. Phillips, Solberg, Stewart, Miller & Johnson Ltd., Fargo, ND, for defendants.

MEMORANDUM AND ORDER GRANTING IN PART DEFENDANTS' MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS

HOVLAND, Chief Judge.

Before the Court is the Defendants' Motion for Partial Judgment on the Pleadings filed on April 28, 2004, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. For the reasons set forth below, the Court grants the motion in part.

I. BACKGROUND

The plaintiff, Michael Carr ("Carr"), is an employee of the Dakota Gasification...

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