MEMORANDUM AND ORDER
SAFFELS, District Judge.
This matter is before the court on the motions of defendant Phillips Petroleum Company ("Phillips") for relief from judgment and to dismiss for lack of subject matter jurisdiction and the parties' briefs concerning the issues on remand. On May 14, 1982, plaintiff, acting in his capacity as union president, filed a charge of age discrimination on behalf of Phillips's union members who were over the age of 40....
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