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LOCAL NO. 6, B., M. & P. INT. U. OF AM. v. BOYD G. HEMINGER, INC.

No. 72-2199.

483 F.2d 129 (1973)

LOCAL NO. 6, BRICKLAYERS, MASONS AND PLASTERERS INTERNATIONAL UNION OF AMERICA et al., Plaintiffs-Appellants, v. BOYD G. HEMINGER, INC., and Frank Fulton, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 9, 1973.

Attorney(s) appearing for the Case

James O. Cross, Akron, Ohio, for plaintiffs-appellants.

Charles A. Morgan, Jr., of Amerman, Burt & Jones Co., Canton, Ohio, for defendants-appellees.

Before PHILLIPS, Chief Judge, LIVELY, Circuit Judge, and O'SULLIVAN, Senior Circuit Judge.

PHILLIPS, Chief Judge.

This is a suit to compel arbitration. The District Court refused to order arbitration, rendering judgment in favor of the appellee employer, Boyd G. Heminger, Inc. The three labor unions appeal. Although Frank Fulton, Inc. also was a party to this litigation in the District Court, the unions, in this appeal, seek only a remand for direction of arbitration with Heminger. Jurisdiction is founded on § 301 of the Labor Management Relations...

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