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INTERNATIONAL BRO. OF TEAM., ETC., LOCAL 249 v. KROGER CO.

No. 17443.

411 F.2d 1191 (1969)

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, LOCAL 249, Appellant, v. The KROGER CO., an Ohio Corporation.

United States Court of Appeals Third Circuit.

Decided June 6, 1969.

Attorney(s) appearing for the Case

Ben Paul Jubelirer, Pittsburgh, Pa., for appellant.

Leonard L. Scheinholtz, Reed, Smith, Shaw & McClay, Pittsburgh, Pa. (Nicholas Unkovic, Scott F. Zimmerman, Pittsburgh, Pa., on the brief), for appellee.

Before HASTIE, Chief Judge, and KALODNER and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This action was brought by the plaintiff, Brotherhood of Teamsters, to compel the defendant, Kroger Co., to arbitrate certain issues alleged to be covered by a collective bargaining agreement which contained a provision for binding arbitration of certain grievances. On this appeal, review is sought of the district court's refusal to compel arbitration of plaintiff's claim of "unjust removal" of plaintiff's members in connection...

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