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INTERNATIONAL U. OF OP. ENG., L. 400 v. SLETTEN CONST. CO.

No. CV 74-39-GF.

383 F.Supp. 855 (1974)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 400, a Labor Organization, Plaintiff, v. SLETTEN CONSTRUCTION CO., a Montana corporation, and City of Great Falls, Montana, a municipal corporation, Defendants.

United States District Court, D. Montana, Great Falls Division.

November 18, 1974.

Attorney(s) appearing for the Case

McKittrick & Duffy, Great Falls, Mont., for plaintiff.

Poore, McKenzie, Roth, Robischon & Robinson, Butte, Mont., for defendants.

ORDER ON MOTION TO REMAND

RUSSELL E. SMITH, Chief Judge.

This cause is remanded as to Count I only to the District Court of the Eighth Judicial District of the State of Montana in and for the County of Cascade. As to Counts II and III jurisdiction is retained.

The issues raised by Counts II and III are arbitrable under 29 U.S.C. § 185. See the order in Cause CV 74-32-GF entered this day. The defendant, therefore, has a right to arbitration under...

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