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LOC. 1516, INTERN. LONGSHOREMEN'S ASS'N v. U. S.

Civ. A. No. 78-135-H.

451 F.Supp. 685 (1978)

LOCAL 1516, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO, Mobile Banana Handlers Vacation Plan, and Mobile Banana Handlers Pension Plan, Plaintiffs, v. UNITED STATES of America, John Doe I, John Doe II, and John Doe III, being persons, partnerships, corporations, officers or agencies of the United States whose names and capacities are to the plaintiffs otherwise unknown but which will be inserted by way of amendment when ascertained, jointly and severally, Defendants.

United States District Court, S. D. Alabama, S. D.

May 25, 1978.

Attorney(s) appearing for the Case

J. Cecil Gardner, and Christopher E. Peters, Mobile, Ala., for plaintiffs.

Ian F. Gaston, Mobile, Ala., for intervenor Isom Clemon.

W. A. Kimbrough, Jr., U. S. Atty., Mobile, Ala. and Frederick E. Martin, Atty., Dept. of Justice, Washington, D. C., for defendant.

HAND, District Judge.

This matter is presently submitted for the Court's consideration of the government's motion to dismiss which the Court has chosen to treat as a motion for summary judgment. The Court has considered the record in this case, the memoranda of law and oral arguments advanced by counsel for all parties, together with the applicable law, and finds as follows:

FINDINGS OF FACT

1. The plaintiff in this case, I.L.A. Local 1516, is a...

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