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NELSON v. OWENS-CORNING FIBERGLAS CORP.

No. CV 85-35-BLG-JFB.

648 F.Supp. 44 (1986)

Tammy NELSON, Plaintiff, v. OWENS-CORNING FIBERGLAS CORPORATION, Defendant.

United States District Court, D. Montana, Billings Division.

February 14, 1986.

Attorney(s) appearing for the Case

Joan Meyer Nye, Nye & Meyer, P.C., Billings, Mont., for plaintiff.

Sidney R. Thomas, Moulton Law Firm, Billings, Mont., for defendant.

MEMORANDUM OPINION

BATTIN, Chief Judge.

Presently pending before the Court is defendant's motion to dismiss both counts of plaintiff's complaint. For reasons stated below, defendant's motion is denied as to Count I but Count II is dismissed for failure to make use of the grievance procedure outined in the parties' collective bargaining agreement.

FACTS AND CONTENTIONS

Plaintiff, one of two teamsters employed by defendant at the Colstrip...

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