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MARIAH BOAT v. LABORERS INTERNATIONAL UNION

No. 97-CV-4270-JPG.

19 F.Supp.2d 893 (1998)

MARIAH BOAT, INC. and Jimmy Fulks, Plaintiffs, v. LABORERS INTERNATIONAL UNION OF NORTH AMERICA, Randall Mayhew, and the Laborers District Council for Southern Illinois, Defendants.

United States District Court, S.D. Illinois.

June 17, 1998.

Attorney(s) appearing for the Case

Glenn D. Denton, Denton & Keuler, Paducah, KY, for Delbert Sullivan.

Michael F. Harris, Harris, Dowell, et al., Chesterfield, MO, for Commercial Transport, Inc.

John J. Franczyk, Jr., Des Plaines, Robert G. Heckenkamp, Heckenkamp, Simhauser, et al., Springfield, IL, for Central States Pension.

T. David Purcell, Mitchell, Neubauer, et al., Mt. Vernon, for Plaintiffs.

Michael W. O'Hara, Cavanagh & O'Hara, Springfield, IL, Terrance G. Reed, Christopher A. Hostage, Reed & Hostage, Washington, DC, for Defendants.

ORDER

GILBERT, Chief Judge.

This matter comes before the Court on the motion to dismiss filed by the defendants pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Doc. no. 10. The defendants argue for dismissal on the grounds that (1) the plaintiffs' claims are preempted by the National Labor Relations Act ("NLRA") and (2) the plaintiffs failed to satisfy the pleading requirements under the Racketeer Influenced and Corrupt Organizations...

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