PINK GRAY AND L.C. ROBINSON, PLAINTIFFS-APPELLANTS,
v.
AMALGAMATED MEAT CUTTERS LOCAL 540 AND SAFEWAY STORES, INC., DEFENDANTS-APPELLEES
PINK GRAY AND L.C. ROBINSON, PLAINTIFFS-APPELLANTS,
AMALGAMATED MEAT CUTTERS LOCAL 540 AND SAFEWAY STORES, INC., DEFENDANTS-APPELLEES
736 F.2d 1055
Court of Appeals for the Fifth Circuit (1984)
Positive Treatment
Cited by 10 cases
Opinion of the Court
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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Mulligan v. Hazard, 777 F.2d 340 (6th Cir. 1985)
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Landahl v. PPG Indus., Inc., 746 F.2d 1312 (7th Cir. 1984)
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Zemonick v. Consolidation Coal Co., 762 F.2d 381 (4th Cir. 1985)
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- DelCOSTELLO v. Int'l Bhd. of Teamsters, 462 U.S. 151 (U.S. 1983)
- Edwards v. Sea-Land Serv., Inc., 720 F.2d 857 (5th Cir. 1983)
- J.C. Farr and Glendell Green v. H.K. Porter Co., Inc., 727 F.2d 502 (5th Cir. 1984)