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INTERNATIONAL BRO. OF TEAM., ETC. v. DEATON TRUCK LINE, INC.

No. 19363.

307 F.2d 748 (1962)

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL 612, Appellant, v. DEATON TRUCK LINE, INC., Appellee.

United States Court of Appeals Fifth Circuit.

September 18, 1962.

Attorney(s) appearing for the Case

Donald L. Newsom, Corretti & Newsom, Birmingham, Ala., for appellant.

M. L. Taliaferro, C. V. Stelzenmuller, Birmingham, Ala. (Moore, Thomas, Taliaferro, Forman & Burr, Birmingham, Ala., of counsel), for appellee.

Before TUTTLE, Chief Judge, and RIVES and BROWN, Circuit Judges.

RIVES, Circuit Judge.

Appellant labor union brought this suit under Section 301 of the Labor Management Relations Act, 29 U.S.C.A. § 185,1 seeking to compel Deaton Truck Line, Inc. to arbitrate a grievance pressed by the Union. The district court held that it had jurisdiction of the parties and the subject matter, but that the grievance did not come within the scope of the agreement and was not arbitrable. For that reason, it dismissed...

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