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BAKER v. AMSTED INDUSTRIES, INC.

Nos. 80-2654, 80-2760.

656 F.2d 1245 (1981)

D. E. BAKER, et al., Plaintiffs-Appellants, v. AMSTED INDUSTRIES, INCORPORATED, a corporation, and United Steelworkers of America, Defendants-Appellees. D. E. BAKER, et al., Plaintiffs-Appellees, v. AMSTED INDUSTRIES, INCORPORATED, a corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 21, 1981.

As Modified on Denial of Rehearing and Rehearing Denied December 2, 1981.

Attorney(s) appearing for the Case

Timothy W. Woods, South Bend, Ind., for plaintiffs.

Lawrence L. Summers, Vedder, Price, Kaufman & Kammholz, Chicago, Ill., for defendants.

Before SPRECHER, Circuit Judge, NICHOLS, Judge, and CUDAHY, Circuit Judge.

As Modified on Denial of Rehearing and Rehearing En Banc Denied December 2, 1981.

CUDAHY, Circuit Judge.

The issue on this appeal is whether the district court erred in ruling as a matter of law that the United Steelworkers of America ("Union") did not breach its duty of fair representation in failing to pursue to arbitration with Amsted Industries, Inc. ("Amsted") the question of Amsted's pension funding obligations under a collective bargaining agreement...

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