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AGUINAGA v. UNITED FOOD & COMMERCIAL WKRS. INTERN.

Civ. A. No. 83-1858-FGT.

854 F.Supp. 757 (1994)

Stephen T. AGUINAGA, Wayne Pappan, and Janet Brown, Individually and in behalf of all Union Members similarly situated, Plaintiffs, v. UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, Defendant.

United States District Court, D. Kansas.

May 16, 1994.

Attorney(s) appearing for the Case

Dennis M. Feeney, Ken M. Peterson, Morris, Laing, Evans, Brock & Kennedy, Chtd., Robert C. Brown, Brown, Dengler, Good & Rider, L.C., Wichita, KS, for Stephen T. Aguinaga, Wayne (NMI) Pappan and Janet (NMI) Brown.

Irving M. King, Peggy A. Hillman, Cotton, Watt, Jones & King, Chicago, IL, Annette M. Capretta, Donovan, Leisure, Rogovin & Schiller, Washington, DC, Paul H. Hulsey, Ness, Motley, Loadholt, Richardson & Poole, Charleston, SC, Richard Roesel, Asst. Gen. Counsel, UFCW, Washington, DC, for United Food and Commercial Workers Intern. Union.

Steven K. Hoffman, Guerrieri, Edmond & James, P.C., Washington, DC, Irving M. King, Peggy A. Hillman, Cotton, Watt, Jones & King, Chicago, IL, Gary K. Harris, Donovan, Leisure, Rogovin & Schiller, Harry Huge, Shea & Gould, Washington, DC, for United Food and Commercial Workers.

OPINION AND ORDER

THEIS, District Judge.

For of all sad words of tongue or pen, The saddest are these: "It might have been!"

James Greenleaf Whittier, "Maud Muller."

The peerless truth of that great American poet Whittier's couplet graphically illustrates the position this court is put in by the defendant's contention and the Tenth Circuit's admonition to determine by a preponderance of the evidence what a now non-party, John Morrell...

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