Legal Opinion
EMPIRE EXCAVATING COMPANY v. American Arbitration Ass'n
District Court, M.D. Pennsylvania
Decided June 29, 1988No. Civ. 87-0941PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
NEALON, Chief Judge.
Currently before the court are cross-motions for summary judgment based on a stipulation of material facts. For the reasons that follow, the court will dismiss this action for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1).
Background
Plaintiff Empire Excavating Company (Empire) is an employer within the meaning of section 2(2) of the National Labor Relations Act (NLRA) and section 301 of the Labor Management Relations Act (LMRA). See 29 U.S.C. sections 152(2), 185, respectively; see also document 26 of record, at para. 2. Defendant…
2Cases cited22 opinions
- United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
- National Labor Relations Board v. KatzSupreme Court of the United States · 1962
- Atkinson v. Sinclair Refining Co.Supreme Court of the United States · 1962
- Nolde Bros., Inc. v. Local No. 358, Bakery & Confectionery Workers UnionSupreme Court of the United States · 1977
- The Procter & Gamble Independent Union of Port Ivory, N.Y. v. The Procter & Gamble Manufacturing CompanyCourt of Appeals for the Second Circuit · 1962
17 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Prudential Insurance Co. of America v. StellaDistrict Court, E.D. Pennsylvania · 1998
- Appeal of International Union of Operating Engineers, Local 542Court of Appeals for the Third Circuit · 1988
- Empire Excavating Company v. American Arbitration Association, International Union of Operating Engineers, Local 542Court of Appeals for the Third Circuit · 1988
- San Francisco Culinary, Bartenders & Service Employees Welfare Fund, an Unincorporated Association San Francisco Culinary, Bartenders & Service Employees Pension Trust Fund, an Unincorporated Association v. Ivan Lucin, Individually and as a Partner Dba Il Pirata Katica Lucin, Individually and as a Partner Dba Il Pirata, San Francisco Culinary, Bartenders & Service Employees Welfare Fund, an Unincorporated Association San Francisco Culinary, Bartenders & Service Employees Pension Trust Fund, an Unincorporated Association v. Ivan Lucin, Individually and as a Partner Dba Il Pirata Katica Lucin, Individually and as a Partner Dba Il PirataCourt of Appeals for the Ninth Circuit · 1993
- United States Can Company v. National Labor Relations Board, United Steelworkers of America, Afl-Cio-Clc, InterveningCourt of Appeals for the Seventh Circuit · 1993
1 more not listed; retrieve them via the Exa API.