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AMERICAN LA FRANCE v. INTERN. ASS'N OF MACHINISTS

No. CIV-82-617T.

559 F.Supp. 21 (1983)

AMERICAN LA FRANCE, A DIVISION OF FIGGIE INTERNATIONAL, INC., Plaintiff, v. INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS LOCAL LODGE NO. 421, Defendant.

United States District Court, W.D. New York.

January 4, 1983.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N.Y., for plaintiff; Karl W. Kristoff, Buffalo, N.Y., of counsel.

Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N.Y., for defendant; Stuart M. Pohl, Buffalo, N.Y., of counsel.

MEMORANDUM DECISION and ORDER

TELESCA, District Judge.

On January 27, 1982, two employees of the American La France Company exchanged words while they were working at their jobs in the welding department. One employee (Fuller) allegedly called the other employee (Shellard) a "puke" following which Shellard chased Fuller, caught him and assaulted him. As a result of this assault, the Company fired Shellard. At the time of the incident there was a collective...

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