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SOUTHBRIDGE PLASTICS DIVISION, ETC. v. LOCAL 759, ETC.

No. 75-4416.

565 F.2d 913 (1978)

SOUTHBRIDGE PLASTICS DIVISION, W. R. GRACE AND COMPANY, Plaintiff-Appellee, v. LOCAL 759, INTERNATIONAL UNION OF the UNITED RUBBER, CORK, LINOLEUM AND PLASTIC WORKERS OF AMERICA, et al., Defendants-Appellants, and Equal Employment Opportunity Commission, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 9, 1978.

Attorney(s) appearing for the Case

Harley M. Kastner, Chas. R. Armstrong, Akron, Ohio, Michael H. Gottesman, Robert M. Weinberg, Frank Petramalo, Jr., Julia P. Clark, Laurence Gold, Washington, D. C., for defendants-appellants.

Chas. E. Sykes, Lincoln, Neb., Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel, Beatrice Rosenberg, Chas. L. Reischel, Susan J. Johnson, Paul E. Mirengoff, Equal Employment Opportunity Commission, Washington, D. C., for plaintiff-appellee.

Before AINSWORTH, SIMPSON and MORGAN, Circuit Judges.

MORGAN, Circuit Judge:

Southbridge Plastics Division of W. R. Grace Company, the employer, brought this action, pursuant to § 301 of the Labor Management Relations Act,1 seeking a declaratory judgment that a conciliation agreement that it had entered into with the Equal Employment Opportunity Commission [EEOC] overrode any contradictory provisions contained in the collective bargaining agreement...

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