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UNITED STEELWORKERS OF AMERICA, v. UNITED STATES GYPSUM COMPANY

No. 72-2694.

498 F.2d 334 (1974)

UNITED STEELWORKERS OF AMERICA, AFL-CIO, Plaintiff-Appellant-Cross Appellee, v. UNITED STATES GYPSUM COMPANY, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

July 31, 1974.

Attorney(s) appearing for the Case

Jerome A. Cooper, Birmingham, Ala., Bernard Kleiman, Gen. Counsel, Pittsburgh, Pa., Michael H. Gottesman, Jeffrey Gibbs, Washington, D. C., for plaintiff-appellant.

J. S. Gruggel, Jr., John J. Coleman, Jr., Birmingham, Ala., Harold D. Burgess, J. T. Otis, Chicago, Ill., for defendant-appellee.

Before BELL, INGRAHAM and RONEY, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion April 11, 1974, 5 Cir., 1974, 492 F.2d 713).

PER CURIAM:

We are aware of the Supreme Court's recent decision in Howard Johnson Co., Inc. v. Detroit Loc. Jt. Exec. Bd., ___ U.S. ___, 94 S.Ct. 2236, 41 L.Ed.2d 46 (1974), overruling the Sixth Circuit's decision, 482 F.2d 489 (1973), that Howard Johnson, as a successor employer, was bound to arbitrate...

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