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MISSOURI PORT. CEMENT CO. v. UNITED CEMENT, LIME, GYPSUM & ALLIED WORKERS INTERNL. UNION

No. 5-86-0317.

153 Ill. App.3d 1046 (1987)

506 N.E.2d 620

MISSOURI PORTLAND CEMENT COMPANY, Plaintiff and Counterdefendant-Appellee, v. UNITED CEMENT, LIME, GYPSUM & ALLIED WORKERS INTERNATIONAL UNION et al., Defendants-Counterplaintiffs and Third-Party Plaintiffs-Appellants (Nuckols and Associates, Security Inc., et al., Third-Party Defendants-Appellees).

Appellate Court of Illinois — Fifth District.

Rehearing denied April 13, 1987.

Attorney(s) appearing for the Case

Paul F. Henry, of Kruger & Henry, of Metropolis, and J.F. Sounders, of St. Louis, Missouri, for appellants.

Joseph J. Neely, of Neely & Neely, of Metropolis, and Richard Martin Lyon, Charles C. Jackson, and Brenda D. Hofman, all of Seyfarth, Shaw, Fairweather & Geraldson, of Chicago, for appellee Missouri Portland Cement Company.

Judgment affirmed.

PRESIDING JUSTICE KARNS delivered the opinion of the court:

Defendants appeal from the order of the circuit court of Massac County dismissing their counterclaim and counterclaim-third-party complaint against plaintiff, Missouri Portland Cement Company, on the ground the court did not have jurisdiction of the subject matter of the action. We affirm.

Prior to April 30, 1984, plaintiff's employees at the Joppa, Illinois, facility, represented...

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