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LOCAL NO. 90, ETC. v. WELBILT CORPORATION

No. 18892.

178 F.Supp. 408 (1959)

LOCAL NO. 90, STOVE MOUNTERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, Plaintiff, v. WELBILT CORPORATION, a Michigan corporation, formerly known as Detroit-Michigan Stove Company, and AETNA LIFE INSURANCE COMPANY, a Connecticut corporation, Defendants.

United States District Court E. D. Michigan, S. D.

November 13, 1959.

Attorney(s) appearing for the Case

Livingston & Keith, Detroit, Mich., for plaintiff, F. Jack Neller, Battle Creek, Mich., of counsel.

Charles Rubiner and Arthur James Rubiner, Detroit, Mich., for defendant Welbilt Corp.

Butzel, Eaman, Long, Gust & Kennedy, Detroit, Mich., for defendant Aetna Life Ins. Co.

FREEMAN, District Judge.

This is a motion to dismiss for lack of jurisdiction over the subject matter under Rule 12, F.R.Civ.P., 28 U.S.C.A. Jurisdiction is alleged under §§ 301 and 302 of the Labor Management Relations Act, 29 U.S.C.A. §§ 185 and 186.

The complaint, as amended, alleges that the plaintiff labor union entered into a contract with the Detroit Michigan Stove Company on behalf of employees at its plant in Battle Creek, Michigan...

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