Legal Opinion

Cannon v. Kroger Co.

District Court, M.D. North Carolina

Decided November 7, 1986No. C-86-334-WSPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

ERWIN, District Judge.

This matter is before the court on motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure by defendants Kroger Company (Kroger), United Food and Commercial Workers (UFCW) International Union, UFCW Union Local 278, and UFCW Union Local 400. All parties have briefed the motion, and argument was heard in Greensboro on October 9, 1986. The case is now ready for a ruling.

In this case, plaintiff has sued the defendants in a hybrid action, alleging both *83breach of contract and breach of the duty of fair representation, pursuant to…

2Cases cited3 opinions

  1. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  2. Wisconsin Department of Industry, Labor & Human Relations v. Gould Inc.Supreme Court of the United States · 1986
  3. John Murray v. Branch Motor Express Company and Local 557, International Brotherhood of TeamstersCourt of Appeals for the Fourth Circuit · 1983

3Cited by2 opinions

  1. Cannon v. Kroger Co.Court of Appeals for the Fourth Circuit · 1987
  2. Cannon v. Kroger Co.Court of Appeals for the Fourth Circuit · 1988

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