Hunter Levi v. AB INBEV NV of Leuven Belgium, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Raymond W. Gruender and Bobby E. Shepherd (UNPUBLISHED) [4142610] [13-3180]

United States Court of Appeals
For the Eighth Circuit
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No. 13-3180
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Hunter R. Levi
lllllllllllllllllllll Plaintiff - Appellant
v.
AB INBEV NV of Leuven Belgium, & Its Wholly Owned U.S. Subsidiary
Anheuser Busch Companies, Inc.; Anheuser-Busch Companies, LLC
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: April 3, 2014
Filed: April 10, 2014
[Unpublished]
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Before BYE, GRUENDER, and SHEPHERD, Circuit Judges.
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PER CURIAM.

Appellate Case: 13-3180

Page: 1

Date Filed: 04/10/2014 Entry ID: 4142610

Hunter R. Levi appeals following the district court’s1 adverse grant of summary
judgment in his action under Section 301 of the Labor Management Relations Act,
see 29 U.S.C. § 185, and Section 510 of the Employment Retirement Income Security
Act, see 29 U.S.C. § 1140. We agree with the district court that the record evidence
revealed no disputed issues of material fact on Levi’s claims against Anheuser-Busch
Companies, LLC. See Sturge v. Nw. Airlines, Inc., 658 F.3d 832, 839 (8th Cir. 2011)
(de novo review). We also find that Levi’s claims would have necessarily failed
against the other parties he originally named or sought to add later as defendants.
Finally, we decline to consider Levi’s new arguments and allegations. See Stone v.
Harry, 364 F.3d 912, 914-15 (8th Cir. 2004). The judgment of the district court is
affirmed. See 8th Cir. R. 47B.
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1

The Honorable Jean C. Hamilton, United States District Judge for the Eastern
District of Missouri.
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Appellate Case: 13-3180

Page: 2

Date Filed: 04/10/2014 Entry ID: 4142610