AUTO, MARINE & SPECIALTY PAINTERS v. BAY AREA, ETC.

No. 77-1908.

577 F.2d 609 (1978)

AUTO, MARINE & SPECIALTY PAINTERS LOCAL NO. 1176, Petitioner-Appellant, v. BAY AREA SEALERS, INC., Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

June 29, 1978.


Attorney(s) appearing for the Case

David A. Rosenfeld, of Van Bourg, Allen, Weinberg, Roger, San Francisco, Cal., for petitioner-appellant.

Maureen E. McClain, of Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., for respondent-appellee.

Before BROWNING and WRIGHT, Circuit Judges, and KUNZIG, Judge, U.S. Court of Claims.


PER CURIAM:

In response to appellant's petition to compel arbitration of certain grievances, appellee stipulated to the initial existence of a collective bargaining agreement between the parties but asserted the agreement had been abandoned because appellant took no action to implement it for over a year despite appellee's overtures. The district court agreed and dismissed the petition. The appellant argues that the defense of abandonment should have been left to...

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