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INTERNATIONAL U. OF OP. ENG. LOC. U. NO. 18 v. DAYTON P. & L. CO.

No. 73-1905.

500 F.2d 766 (1974)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 18, AFL-CIO, Plaintiff-Appellant, v. The DAYTON POWER & LIGHT COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 18, 1974.

Attorney(s) appearing for the Case

Jeffrey A. Belkin, Belkin & Belkin, Cleveland, Ohio, on brief, for plaintiff-appellant.

J. R. Newlin, Dayton, Ohio, on brief, for defendant-appellee.

Before PECK and ENGEL, Circuit Judges, and CONTIE, District Judge.

PER CURIAM.

Appellant union instituted this action against the Dayton Power & Light Company (hereinafter "Dayton"), seeking to compel Dayton to submit a grievance to binding arbitration. The grievance involved appellant's allegation that Dayton had violated the terms of a "Memorandum of Understanding" between Dayton and local construction unions. This matter is before us on appeal from the district court's denial of appellant's motion for summary judgment and...

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