Legal Opinion

Zawodniak v. McDonnell Douglas Corp.

District Court, E.D. Missouri

Decided January 10, 1992No. 91-1326C(5)Published

1Opinion of the Court

MEMORANDUM

LIMBAUGH, District Judge.

Plaintiff has filed a hybrid § 301 wrongful discharge/breach of duty of fair representation claim against his present employer, McDonnell Douglas and his union, Local Union No. 367. Both defendants have filed motions to dismiss pursuant to Rule 12(b)(6) claiming that the plaintiff’s lawsuit is barred by the applicable statute of limitations (defendant McDonnell Douglas’ motion to dismiss is also alternatively a motion for summary judgment on the same grounds).

Both of the motions to dismiss are accompanied by affidavits in support. Since the Court will…

2Cases cited12 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  5. Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962

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