BETHLEHM, Pa. (AP) — A federal judge has dismissed a lawsuit against the peeps who make marshmallow Peeps over a 2016 strike.

The (Allentown) Morning Call reports U.S. District Judge Jeffrey Schmehl ruled the Just Born Quality Confections in Bethlehem, Pennsylvania, failed to prove that union employees violated a no-strike clause.

About 400 workers walked off the job Sept. 7, 2016.

The company, which also makes Mike and Ike candies, had previously said the strike was timed to hurt production of Peeps, which are typically made in the fall for the following Easter sales.

Most employees returned to work in October 2016, but no new contract has been reached.

President of the Local 6 union says "it was a frivolous lawsuit from the beginning."

Just Born spokesman Matt Pye says the company will appeal.

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Information from: The Morning Call, http://www.mcall.com

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