(Download) "Southward V. South Central Ready Mix Supply Corp." by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free

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Title: Southward V. South Central Ready Mix Supply Corp.
Author : United States Court Of Appeals For The Sixth Circuit
Release Date : January 12, 1993
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 77 KB

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MILBURN, Circuit Judge. In this interlocutory appeal which we granted under 28 U.S.C. § 1292(b), defendant appeals the district court's denial of its motion for reconsideration of defendant's second motion for summary judgment in an action that plaintiffs brought to enforce the terms of a collective bargaining agreement between plaintiffs' union and their former employer. The district court asserted subject matter jurisdiction under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185. On appeal, the issue is whether a purchaser of assets who substantially continues the business operations of the seller, but who is not an alter ego of the seller and has not expressly or impliedly assumed the seller's collective bargaining agreement, may nevertheless be bound by the terms of that agreement. For the reasons that follow, we vacate and remand.