Forrest G. English v. Local Union 46, Etc.

This is an appeal from a final judgment denying plaintiff’s motion to disqualify defendants’ counsel and dismissing plaintiff’s complaint for failure to state a claim. We hold that the allegations of the complaint state a claim and that the magistrate and the district court acted too hastily in dismissing the action. Therefore we reverse the judgment of the district court and remand the case for further proceedings. On the other hand, we affirm the district court’s denial of plaintiff’s motion to disqualify defendants’ counsel.

Plaintiff, Forrest G. English, is a member of defendant Local…