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Abf Freight System, Inc v. International Brotherhood of Teamsters, As and For Themselves and As

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Submitted: April 12, 2011

Before RILEY, Chief Judge, BENTON and SHEPHERD, Circuit Judges.

ABF Freight System, Inc., sued YRC, Inc., New Penn Motor Express, Inc, USF Holland Inc. (collectively, “YRC”), the International Brotherhood of Teamsters and two of its locals (collectively, the “Union”), and the bargaining representatives of YRC and the Union (collectively, with YRC and the Union, “defendants”), for violation of a collective-bargaining agreement. The district court dismissed ABF’s complaint for lack of subject-matter jurisdiction, ruling that ABF lacked standing to sue because it did not show by a preponderance of the evidence that it had rights under the collective-bargaining agreement. See ABF Freight Sys., Inc. v. Int’l Bhd. of Teamsters, ___ F. Supp. 2d ___, 2010 WL 5315584, at *5 (W.D. Ark. Dec. 20, 2010). Having jurisdiction under 28 U.S.C. § 1291, this court vacates and remands.

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