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INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT, AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW, AFL-CIO) v. DANIEL RADIATOR CORPORATION OF TEXAS

No. 20435.

328 F.2d 614 (1964)

INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT, AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW, AFL-CIO), and its Unit Local No. 864, Appellants, v. DANIEL RADIATOR CORPORATION OF TEXAS, Appellee.

United States Court of Appeals Fifth Circuit.

March 2, 1964.

Attorney(s) appearing for the Case

James E. Youngdahl, Little Rock, Ark., McMath, Leatherman, Woods & Youngdahl, Little Rock, Ark., Ryan & Eckhardt, Houston, Tex., of counsel, for appellants.

V. R. Burch, Jr., Houston, Tex., Baker, Botts, Shepherd & Coates, Houston, Tex., of counsel, for appellee.

Before HUTCHESON, BREITENSTEIN and BELL, Circuit Judges.

PER CURIAM.

This is an appeal from a summary judgment in a suit for specific performance of a collective bargaining agreement to arbitrate, brought under Sec. 301 of the National Labor Relations Act, 29 U.S.C. § 185.

Defendant-appellee successfully contended in the lower court that the discharge grievance in question was not arbitrable because of an alleged settlement during its processing.

Plaintiffs-appellants urge here, as they did below, that...

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