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LOCAL JT. EXEC. BD. OF SPOKANE v. SPOKANE LODGE NO. 228, ETC.

No. 23602.

443 F.2d 403 (1971)

LOCAL JOINT EXECUTIVE BOARD OF SPOKANE et al., Plaintiffs-Appellees, v. SPOKANE LODGE NO. 228, BENEVOLENT & PROTECTIVE ORDER OF ELKS, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

May 28, 1971.

Attorney(s) appearing for the Case

R. Max Etter, Sr. (argued), Spokane, Wash., Thomas K. Cassidy, Seattle, Wash., for defendants-appellants.

Hugh Hafer (argued), Lawrence Schwerin, of Bassett, Donaldson & Hafer, Seattle, Wash., for plaintiffs-appellees.

Before TUTTLE, BROWNING and DUNIWAY, Circuit Judges.

PER CURIAM.

Local Joint Executive Board of Spokane and two of its local unions (Joint Board) brought this action for breach of a collective bargaining agreement pursuant to section 301 of the Labor Management Relations Act, 1947, 29 U.S.C. § 185. The defendant, Spokane Lodge No. 228, Benevolent and Protective Order of Elks (Spokane Lodge), raised fraud, mutual mistake, and lack of authority in its manager to enter into the agreement as affirmative defenses to...

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