Legal Opinion
Trustees of the International Union of Operating Engineers Local 487 Health & Welfare Trust Fund v. Gimrock Construction, Inc.
District Court, S.D. Florida
Decided July 15, 1997No. 97-0072-CIVPublishedCited by 1 opinion
1Opinion of the Court
ORDER DENYING DEFENDANT’S MOTION TO DISMISS AND ORDER DIRECTING DEFENDANT TO FILE ANSWER
MORENO, District Judge.
THIS CAUSE came before the Court upon Defendant’s Motion to Dismiss (docket no. 4), filed on February 4,1997.
THE COURT has considered the motion, response, reply, and the pertinent portions of the record and is otherwise fully advised in the premises. Because the Court finds that the Eleventh Circuit recognizes the adoption by conduct doctrine in Section 8(f) cases such as this one, it is
ADJUDGED that Defendant’s motion to dismiss is DENIED.
LEGAL STANDARD
A court will not grant a…
2Cases cited6 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- National Labor Relations Board v. Haberman Construction CompanyCourt of Appeals for the Fifth Circuit · 1981
- Trustees of the Atlanta Iron Workers, Local 387 Pension Fund v. Southern Stress Wire CorporationCourt of Appeals for the Eleventh Circuit · 1983
- Carpenters Amended And Restated Health Benefit Fund v. Holleman Construction CompanyCourt of Appeals for the Fifth Circuit · 1985
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3Cited by1 opinion
- TRUSTEES OF INT. UNION OF OPER. ENGIN. v. Gimrock Construction, Inc.District Court, S.D. Florida · 1997