Legal Opinion

Robert Anderson, Jr. v. Alpha Portland Industries, Inc.

Court of Appeals for the Eighth Circuit

Decided February 29, 1984No. 83-1358PublishedCited by 33 opinions

1Opinion of the Court

HANSON, Senior District Judge.

Plaintiffs are former employees of defendant Alpha Portland Industries, Inc. (Alpha). Plaintiffs claim insurance benefits under collective bargaining agreements in effect when they retired. Plaintiffs’ action was dismissed below on summary judgment for failure to exhaust contractual remedies. Plaintiffs appeal. We reverse on the ground that plaintiffs are not required to exhaust the contractual remedies.

I. FACTS

From 1941 to 1982 Alpha was engaged in the cement production business. During this period Alpha operated as many as ten cement plants, including the St.…

2Cases cited24 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  3. Boys Markets, Inc. v. Retail Clerks Union, Local 770Supreme Court of the United States · 1970
  4. Humphrey v. MooreSupreme Court of the United States · 1964
  5. Allied Chemical & Alkali Workers of America, Local Union No. 1 v. Pittsburgh Plate Glass Co.Supreme Court of the United States · 1971

19 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Koshatka, Edgar v. Philadelphia Newspapers, Inc. D/B/A the Philadelphia Inquirer and the Daily NewsCourt of Appeals for the Third Circuit · 1985
  2. Robert Anderson, Jr. v. Alpha Portland Industries, Inc.Court of Appeals for the Eighth Circuit · 1985
  3. Anderson v. Alpha Portland Industries, Inc.Court of Appeals for the Eighth Circuit · 1988
  4. McLendon v. Continental Group, Inc.District Court, D. New Jersey · 1985
  5. Conley v. Pitney BowesCourt of Appeals for the Eighth Circuit · 1994

28 more not listed; retrieve them via the Exa API.

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