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BARTENDERS & CULINARY WKRS. UNION, LOCAL 340 v. HOWARD JOHNSON CO.

Nos. 71-2854, 71-2855.

535 F.2d 1160 (1976)

BARTENDERS AND CULINARY WORKERS UNION, LOCAL 340, Plaintiff-Appellant, v. HOWARD JOHNSON COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 20, 1976.

Attorney(s) appearing for the Case

Donald C. Carroll (argued), San Francisco, Cal., for plaintiff-appellant.

Nathan R. Berke (argued), San Francisco, Cal., for defendants-appellees.

Before BROWNING, WALLACE and SNEED, Circuit Judges.

OPINION

BROWNING, Circuit Judge:

The Union appeals from the dismissal of its action under section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, for specific performance and damages for breach of a collective bargaining agreement by Howard Johnson Company.

The Union and the San Mateo County Restaurant Hotel Owners Association, acting on behalf of its member employers, entered into the collective bargaining agreement on January 1...

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