DiPonio Construction Co., Inc. v. International Union of Brickla

Filing

OPINION and JUDGMENT filed: The district court's decision to dismiss DiPonio's claims for lack of subject-matter jurisdiction and to award sanctions under Rule 11 is AFFIRMED. The Union's motion for further sanctions [4370791-2] is DENIED. Eugene E. Siler, Jr. (AUTHORING), John M. Rogers, and Helene N. White, Circuit Judges.

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Case: 11-1034 Document: 006111378384 Filed: 07/24/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED No. 11-1034 DIPONIO CONSTRUCTION COMPANY, INC., Plaintiff - Appellant, Jul 24, 2012 LEONARD GREEN, Clerk v. INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS, LOCAL 9, Defendant - Appellee, NATIONAL LABOR RELATIONS BOARD, Intervenor-Appellee. Before: SILER, ROGERS, and WHITE, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Eastern District of Michigan at Detroit. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s decision to dismiss DiPonio’s claims for lack of subject-matter jurisdiction and to award sanctions under Rule 11 is AFFIRMED. IT IS FURTHER ORDERED that the Union’s motion for further sanctions is DENIED. ENTERED BY ORDER OF THE COURT Leonard Green, Clerk

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