OPERATING ENGINEERS LOC. U. NO. 3 v. CROOKS BROS. TRACTOR CO.

No. 17233.

295 F.2d 282 (1961)

OPERATING ENGINEERS LOCAL UNION NO. 3, Appellant, v. CROOKS BROS. TRACTOR COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

September 7, 1961.


Attorney(s) appearing for the Case

John R. Ross, U. S. District Judge. John Chrislaw, Reno, Nev., and P. H. McCarthy, Jr., San Francisco, Cal., for appellant.

No counsel for appellee.

Before HAMLEY, JERTBERG and MERRILL, Circuit Judges.


MERRILL, Circuit Judge.

This action was brought by the appellant union to compel respondent employer to arbitrate a dispute arising over the discharge by respondent of one of its employees. The district court concluded that under the terms of the collective bargaining agreement entered into between the parties the dispute was not such a one as the employer had agreed to submit to arbitration. Upon this ground the action was dismissed.

The complaint alleges...

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