# Carruthers Ready-Mix, Inc. v. Cement Masons Local Union No. 520

> Court of Appeals for the Sixth Circuit · February 19, 1986 · 779 F.2d 320

URL: https://www.frixlaw.com/law-library/cases/9474322

## Case

- **Full name:** CARRUTHERS READY-MIX, INC., Plaintiff-Appellee, v. CEMENT MASONS LOCAL UNION NO. 520, Et Al., Defendants-Appellants
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** February 19, 1986
- **Citations:** 779 F.2d 320
- **Precedential status:** Published
- **Opinion:** Dissent by Edwards
- **Judges:** Jones, Contie, Edwards
- **Cited by:** 38 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9474322

## How later opinions describe it (automated extraction)

- applying three-year statute of limitations from § 28-3-105 to actions for inducement of breach of contract and unlawful interference with a business because “the right to be free from interference with one’s business arises under Tennessee law from every person’s ‘right of pro…
- holding that the common law tort of interference with a contract is analogous to a § 187 action

## Opinion text

GEORGE CLIFTON EDWARDS,
dissenting.
In my opinion in this case, the six-month statute of limitations applied in DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151 , 103 S.Ct. 2281 , 76 L.Ed.2d 476 (1983) should also be applied here. I recognize of course that the complaining party in our instant case is a company suing a union for alleged violations of the Labor Management Relations Act, 29 U.S.C. § 187 , whereas in DelCostello there was an employee suing both his union and employer.
Our present case, however, arises out of labor-management relations — as did the DelCostello case. Granting that not all cases need be handled under DelCostello’s rule — no reason appears why this one should not. I fail to see any need to turn to state law when logic suggests strongly that we apply the six months limitation.
Clearly the need for speedy resolution of disputes in the labor management arena cited in DelCostello applies equally here. Equally clearly it is desirable to maintain symmetry in the labor management field between suits against unions and suits against employers. What’s sauce for the goose is sauce for the gander. Or at least it should be!

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9474322. Public record. Not legal advice.