Aguinaga v. United Food & Commercial Workers International Union

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 & Company, would have done concerning the work force and operation of its meat packing plant if its chicanery upon its labor force had not occurred, i.e., “what…