Zahn v. Iowa Manufacturing Co.

Eighth Circuit

Zahn v. Iowa Manufacturing Co.

740 F.2d 669, 117 L.R.R.M. (BNA) 2072, 1984 U.S. App. LEXIS 19538

CourtCourt of Appeals for the Eighth Circuit

DecidedAugust 15, 1984

DocketNo. 83-2495

StatusPublished

Cited by1 cases

This text of 740 F.2d 669 (Zahn v. Iowa Manufacturing Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zahn v. Iowa Manufacturing Co., 740 F.2d 669, 117 L.R.R.M. (BNA) 2072, 1984 U.S. App. LEXIS 19538 (8th Cir. 1984).

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Opinion

PER CURIAM.

This case is on appeal from the judgment of the United States District Court for the Northern District of Iowa.¹ Jurisdiction is invoked pursuant to 28 U.S.C. § 1291 (Supp.1983). The district court dismissed Zahn’s complaint in favor of appellees, Iowa Manufacturing Company and the local union, on the basis that the suit filed under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1978) was not timely filed under DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983).

Zahn alleges that he was wrongfully discharged as an employee from Iowa Manufacturing Company. According to the district court, Zahn exhausted his remedies under the collective bargaining agreement no later than September 1, 1982. His cause of action was not filed until June 1983. Zahn clearly did not file within the [670]*670six-month time limitation set forth in Del-Costello. Since we have held that the Del-Costello decision is to be applied retroactively,²- Zahn’s claim is clearly time barred. Finding no evidence in the record which indicates Zahn’s action should be tolled, we accordingly affirm the district court on the basis of its well-reasoned opinion. See 8TH CIR.R. 14.

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PER CURIAM.

This case is on appeal from the judgment of the United States District Court for the Northern District of Iowa.¹ Jurisdiction is invoked pursuant to 28 U.S.C. § 1291 (Supp.1983). The district court dismissed Zahn’s complaint in favor of appellees, Iowa Manufacturing Company and the local union, on the basis that the suit filed under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1978) was not timely filed under DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983).

Zahn alleges that he was wrongfully discharged as an employee from Iowa Manufacturing Company. According to the district court, Zahn exhausted his remedies under the collective bargaining agreement no later than September 1, 1982. His cause of action was not filed until June 1983. Zahn clearly did not file within the [670]*670six-month time limitation set forth in Del-Costello. Since we have held that the Del-Costello decision is to be applied retroactively,²- Zahn’s claim is clearly time barred. Finding no evidence in the record which indicates Zahn’s action should be tolled, we accordingly affirm the district court on the basis of its well-reasoned opinion. See 8TH CIR.R. 14.

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Bluebook (online)

740 F.2d 669, 117 L.R.R.M. (BNA) 2072, 1984 U.S. App. LEXIS 19538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zahn-v-iowa-manufacturing-co-ca8-1984.

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