Oliver Marshall v. Western Grain Company, Inc., and the Riverside Group, Inc., Defendants

The plaintiffs in this action, forty-six former union employees of Western Grain Company, Inc. [hereinafter “Western Grain”], appeal from an order entered by the United States District Court for the Northern district of Alabama dismissing their complaint for failure to state a claim upon which relief may be granted. For the following reasons, the judgment of the district court is affirmed in part, vacated in part and reversed in part.

Western Grain purchased its facility in Birmingham, Alabama from the Jim Dandy Company [hereinafter “Jim Dandy”]. After the sale, Western Grain continued to…