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SHAFFER v. MITCHELL TRANSPORT, INC.

No. 80-1475.

635 F.2d 261 (1980)

Robert D. SHAFFER, Leo A. Burke, Jean Burke, Admstx. Est. Leo Burke, deceased, Ronald D. Bicker, H. Kneff Means, W. Clair Houk, Clifford G. Campbell, Jr., John R. Barron, H. Clair Walker, Charles H. McKeough, Russell L. Schooley, William A. Gierlach, Jr., Kimberly O. Parrott, Fred M. Sheffler, Charles W. Cameron, Daniel Nagy, Jr., Walter G. Romano, and Donald W. Boylan International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 261, Interv. Plf. v. MITCHELL TRANSPORT, INC., a corporation, Local No. 261 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, an unincorporated labor organization, Mitchell Transport, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Decided December 23, 1980.

Rehearing and Rehearing Denied January 19, 1980.

Attorney(s) appearing for the Case

John J. McAleese, Jr. (argued), Cunniff, Bray & McAleese, Bala Cynwyd, Pa., for appellant.

Edward H. Walter, Jubelirer, Pass & Intrieri, Pittsburgh, Pa., for appellee, Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 261.

Donald T. O'Connor (argued), Thomas L. VanKirk and Martha A. Zatezalo, Buchanan, Ingersoll, Rodewald, Kyle & Buerger, P. C., Pittsburgh, Pa., for individual appellees, Robert D. Shaffer, et al.

Before ALDISERT, VAN DUSEN and GARTH, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 19, 1980.

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

This case involves a dispute between plaintiffs, former employees of Martin Trucking, Inc. ("Martin"), and defendant, Mitchell Transport, Inc. ("Mitchell"), a corporation which took over Martin's cement hauling business. Plaintiffs seek to enforce an arbitration award, issued in 1974 while Martin was their employer, against Mitchell. In...

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