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Pink Gray and L.C. Robinson v. Amalgamated Meat Cutters Local 540 and Safeway Stores, Inc.

Pink GRAY and L.C. Robinson, Plaintiffs-Appellants, v. AMALGAMATED MEAT CUTTERS LOCAL 540 and Safeway Stores, Inc., Defendants-Appellees

Pink Gray & L.C. Robinson v. Amalgamated Meat Cutters Local 540 & Safeway Stores, Inc., 736 F.2d 1055 (5th Cir. 1984)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
July 20, 1984
Docket
No. 84-1096
Judges
Tate, Higginbotham, Davis
Citations
736 F.2d 1055116 L.R.R.M. (BNA) 31731984 U.S. App. LEXIS 20296

Opinion — Per Curiam

PER CURIAM:

Plaintiffs appeal from the dismissal of their suit because of the running of the statute of limitations.

DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151 , 103 S.Ct. 2281 , 76 L.Ed.2d 476 (1983) established a six-month limitations period for employees’ suits against an employer and a union under section 301 of the LMRA. Plaintiffs argue that Edwards v. Sea-Land Service, Inc., 720 F.2d 857 (5th Cir.1983) established that the retroactivity of DelCostello is to be determined on a case-by-case basis, and that the circumstances of this case militate against retroactive application. Plaintiffs’ interpretation of Edwards , however, is incorrect.

Edwards established that DelCostello is to be applied retroactively to all cases in our circuit.

See Farr v. H.K. Porter, Inc., 727 F.2d 502, 505 (5th Cir.1984);

Edwards, 720 F.2d at 859 (“The sole issue we must decide is whether DelCostello applies retroactively. We hold that it does____”).

Accordingly, the judgment of the court below is AFFIRMED.

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Cited by 10 cases

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1984: 11985: 51986: 11988: 22022: 119842026peak 1985 · 5

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
DelCostello v. Int'l Bhd. of Teamsters, 462 U.S. 151 (1983) 2,878
Edwards v. Sea-Land Serv., Inc., 720 F.2d 857 (5th Cir. 1983) 32
J.C. Farr & Glendell Green, Etc., Cross v. H.K. Porter Co., 727 F.2d 502 (5th Cir. 1984) 25

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