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NEWTON v. KROGER CO.

No. PB-C-79-41.

501 F.Supp. 177 (1980)

Kenneth O. NEWTON, Plaintiff, v. The KROGER COMPANY, a Corporation, and Retail Clerks Union Local 1583, AFL-CIO, a Corporation, Defendants.

United States District Court, E. D. Arkansas, Pine Bluff Division.

October 29, 1980.

Attorney(s) appearing for the Case

Leon N. Jamison, Pine Bluff, Ark., for plaintiffs.

James M. McHaney, Sr., and James M. McHaney, Jr., Little Rock, Ark., for defendant Kroger Co.

James E. Youngdahl, Little Rock, Ark., for defendant Union.

MEMORANDUM OPINION

ARNOLD, Circuit Judge, Sitting by Designation.

Defendant Kroger Company has filed a motion to dismiss the cross-claim of co-defendant Retail Clerks Union, Local 1583, AFL-CIO ("the union"). The cross-claim relates to the same circumstances providing the basis for an employment discrimination action initially brought against the employer and the union under 42 U.S.C. § 1981. In that action, plaintiff alleged discrimination based on...

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