Basnight v. Hampton Roads Ship Asc

Filing 920070830


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1380 FRANKLIN BASNIGHT, Plaintiff - Appellant, versus HAMPTON ROADS SHIPPING ASSOCIATION, International Longshoremen's Association Fringe Benefit Escrow Fund's (HRSA-ILA Fund); MANAGEMENT; JOHN CALVERT BOWERS, President, International Longshoremen's Association, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Walter D. Kelley, Jr., District Judge. (2:04-cv-00782-WDK) Submitted: August 3, 2007 Decided: August 30, 2007 Before SHEDD and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Franklin Basnight, Appellant Pro Se. Dean Taylor Buckius, VANDEVENTER & BLACK, LLP, Norfolk, Virginia; David Andrew Buzard, GLASSER & GLASSER, Norfolk, Virginia; John P. Sheridan, GLEASON, MARRINAN & MAZOLA MARDON, PC, New York, New York; Carroll Arthur Rutter, Jr., RUTTER & MILLS, LLP, Norfolk, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Franklin Basnight appeals the district court's order adopting in part and modifying in part the magistrate judge's report and recommendation to dismiss his hybrid action under the Labor Management Relations Act of 1947, 29 U.S.C. 185 (2000), and the National Labor Relations Act, 29 U.S.C. 151-169 (2000), and dismissing all pending motions as moot. record and find no reversible error. We have reviewed the Accordingly, we affirm for See Basnight v. Hampton the reasons stated by the district court. Roads Shipping Ass'n, No. 2:04-cv-00782-WDK (E.D. Va. filed March 21, 2007; entered March 22, 2007). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED - 2 -

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