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MENGEL COMPANY v. NASHVILLE PAPER PROD. & SPEC. WKRS. UNION

No. 12260.

221 F.2d 644 (1955)

The MENGEL COMPANY, Appellant, v. NASHVILLE PAPER PRODUCTS AND SPECIALTY WORKERS UNION, NO. 513, an unincorporated Labor Organization, and John Nelson Cook, Appellees.

United States Court of Appeals Sixth Circuit.

April 16, 1955.

Attorney(s) appearing for the Case

James U. Smith, Jr., Louisville, Ky. (K. Harlan Dodson, Jr., Nashville, Tenn., on the brief), for appellant.

Herbert S. Thatcher, Washington, D. C., (John S. McLellan, Hugh E. Reams, Kingsport, Tenn., on the brief; Minter, McLellan, Tipton, Kingsport, Tenn., of counsel), for appellees.

Before McALLISTER, MILLER and STEWART, Circuit Judges.

MILLER, Circuit Judge.

Appellant filed this declaratory judgment action under the provisions of Sec. 2201, Title 28 U.S.Code, asking that an arbitration award, claimed by appellees to have been made pursuant to the provisions of a collective bargaining contract, be declared invalid. The District Judge sustained appellees' motion to dismiss.

Appellant, The Mengel Company, hereinafter referred to as Mengel, operates a corrugated box manufacturing plant in Nashville...

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