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SPANN v. KAYWOOD DIVISION, JOANNA WESTERN MILLS CO.

No. 20859.

446 F.2d 120 (1971)

James SPANN, Plaintiff-Appellant, v. KAYWOOD DIVISION, JOANNA WESTERN MILLS COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

August 13, 1971.

Attorney(s) appearing for the Case

Justin Brocato, Kalamazoo, Mich., for plaintiff-appellant.

George P. Blake, Chicago, Ill., for defendant-appellee; John J. Cassidy, Jr., Floyd G. Hoffman, Chicago, Ill., Henry W. Gleiss, Benton Harbor, Mich., on brief; Vedder, Price, Kaufman & Kammholz, Chicago, Ill., Globensky, Gleis, Sandee, Henderson & Bittner, Benton Harbor, Mich., of counsel.

Before PHILLIPS, Chief Judge, and EDWARDS and PECK, Circuit Judges.

JOHN W. PECK, Circuit Judge.

Having obtained and accepted an arbitration award reinstating him in his position as a drill man in appellee's plant, James Spann now seeks to have this court order an additional remedy which the arbitrator denied: back pay. We decline to do so, believing that Spann's post-arbitration filing of his complaint with the Equal Employment Opportunity Commission, and ultimately this court, which occurred only after the entire decision of the...

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