Turner v. United Steelworkers of America Local 812 et al

Filing 31

AMENDED ORDER re 24 Order on Motion for Summary Judgment, Signed by District Judge Gary A. Fenner on 10/28/09. (Mitchell, Lisa)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHWESTERN DIVISION LINDA TURNER, Plaintiff, vs. UNITED STEELWORKERS OF AMERICA LOCAL 812, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 08-5020-CV-SW-GAF AMENDED ORDER On September 5, 2008, this Court entered an Order granting Plaintiff Linda Turner's ("Plaintiff") Motion for Summary Judgment and denying Defendant United Steelworkers of America Local 812, et al.'s (the "Union") Motion for Summary Judgment. (Doc. #24). In accordance with the Eighth Circuit Court of Appeal's decision in Turner v. United Steelworkers of Am., Local 812, 581 F.3d 672 (8th Cir. 2009), the Court amends said Order. In conformity with the aforementioned decision, Plaintiff's Motion for Summary Judgment is GRANTED regarding her request to confirm the Arbitral Award, but her request for judgment as to the Union's monetary liability for back pay is DENIED. Accordingly, the Union's Motion for Summary Judgment on the issue of monetary liability is GRANTED. IT IS SO ORDERED. s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court DATED: October 28, 2009 1

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