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

Fifth Circuit

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

736 F.2d 1055, 116 L.R.R.M. (BNA) 3173, 1984 U.S. App. LEXIS 20296

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 20, 1984

Docket84-1096

StatusPublished

Cited by12 cases

This text of 736 F.2d 1055 (Pink Gray and L.C. Robinson v. Amalgamated Meat Cutters Local 540 and Safeway Stores, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pink Gray and L.C. Robinson v. Amalgamated Meat Cutters Local 540 and Safeway Stores, Inc., 736 F.2d 1055, 116 L.R.R.M. (BNA) 3173, 1984 U.S. App. LEXIS 20296 (5th Cir. 1984).

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Opinion

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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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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736 F.2d 1055, 116 L.R.R.M. (BNA) 3173, 1984 U.S. App. LEXIS 20296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pink-gray-and-lc-robinson-v-amalgamated-meat-cutters-local-540-and-ca5-1984.

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