SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL NO. 359 v. ARIZONA MECHANICAL & STAINLESS, INC.

No. 87-2450.

863 F.2d 647 (1988)

SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL NO. 359, AFL-CIO, Plaintiff-Appellant, v. ARIZONA MECHANICAL & STAINLESS, INC., an Arizona corporation, Defendant, and Richwood Metals Corporation, an Arizona corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 7, 1988.


Attorney(s) appearing for the Case

Michael J. Keenan, Ward & Keenan, Phoenix, Ariz., for plaintiff-appellant.

Peter G. Kline, Jones, Skelton & Hochuli, Phoenix, Ariz., for defendant-appellee.

Before POOLE, WIGGINS and BRUNETTI, Circuit Judges.


WIGGINS, Circuit Judge:

Plaintiff/Appellant Sheet Metal Workers (Union) appeals from summary judgment in Richwood Metals (Richwood) favor. The Union brought suit to enforce an arbitration award claiming that Richwood had breached a collective bargaining agreement (CBA) between the parties by using nonunion labor at a work site. Richwood moved for summary judgment contending that it was not a party to the CBA the Union sought to enforce. The Union cross moved for summary...

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