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MOORE v. ROHM & HAAS CO.

No. 05-3472.

446 F.3d 643 (2006)

Moses MOORE, Ross J. Satterfield, James Hall, Jr., Bart J. Kochis, Thomas Alfieri, William Wandrych, Donald J. McColman, Donald Robinson, Donald E. Cook, Sr., James E. Williams, Billy W. Smith, Ernest Jeanminette, and Charles Henderson, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. ROHM & HAAS CO., Morton International, Inc., Morton Retired Employees Group Insurance Plan, and Does 1 through 20, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 26, 2006.

Attorney(s) appearing for the Case

ARGUED: Edward J. Feinstein, Stember Feinstein Krakoff, Pittsburgh, Pennsylvania, for Appellants. Robert P. Casey, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Chicago, Illinois, for Appellees. ON BRIEF: John E. Stember, Stember Feinstein Krakoff, Pittsburgh, Pennsylvania, William T. Payne, Pittsburgh, Pennsylvania, for Appellants. Robert P. Casey, Carol A. Poplawski, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Chicago, Illinois, Peyton J. Lacy, Jr., Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Birmingham, Alabama, for Appellees.

Before: SUTTON and GRIFFIN, Circuit Judges; OBERDORFER, District Judge.

OPINION

GRIFFIN, Circuit Judge.

Plaintiffs appeal an order of the district court dismissing this case without prejudice on the basis of improper and/or inconvenient venue. We reverse and remand for further proceedings. In doing so, we hold that under both the Labor Management Relations Act ("LMRA") and the Employee Retirement Income Security Act of 1974 ("ERISA") venue was properly laid in the Northern District of Ohio.

I.

Plaintiffs-appellants...

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