LINVILLE v. UNITED AUTO WORKERS OF AMERICA

No. Civ.A. 2:05-0104.

415 F.Supp.2d 656 (2006)

Larry LINVILLE Plaintiff v. UNITED AUTO WORKERS OF AMERICA, LOCAL 3399 and Kenneth Marcum, individually and in his capacity as President of said local union Defendants

United States District Court, S.D. West Virginia, at Charleston.

February 1, 2006.


Attorney(s) appearing for the Case

Henry E. Wood, III, Wood Law Office, Charleston, WV, for Plaintiff.

James M. Haviland, Crandall, Pyles, Haviland, Turner & Smith, Charleston, WV, Robert J. Smith, Pyles, Haviland, Turner & Smith, Logan, WV, for Defendants.


MEMORANDUM OPINION AND ORDER

COPENHAVER, District Judge.

Pending before the court is defendants' motion, filed October 6, 2005, seeking dismissal and/or summary judgment on plaintiff's claims.1

I.

According to the allegations in his complaint, prior to September 1, 2000, plaintiff Larry Linville was an hourly employee of Mayflower Vehicle Systems ("Mayflower...

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