UNION OF TRANSP. EMP. v. OIL TRANSPORT CO.

No. 80-2291.

668 F.2d 821 (1982)

UNION OF TRANSPORTATION EMPLOYEES, Plaintiff-Appellant, v. OIL TRANSPORT COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 25, 1982.


Attorney(s) appearing for the Case

Law Offices of Marvin Menaker, Les Weisbrod, Dallas, Tex., for plaintiff-appellant.

Schoolfield, Smith & Weissert, Allen P. Schoolfield, Jr., John M. Weissert, Dallas, Tex., for defendants-appellees.

Before BROWN, COLEMAN and RUBIN, Circuit Judges.


COLEMAN, Circuit Judge.

The difficulty with this case is that the District Court, by summary judgment, declined to order arbitration of a union grievance; instead, it held that the issue sought to be taken to arbitration was barred by orders of the Interstate Commerce Commission and the Texas Railroad Commission. We are of the opinion that arbitration should have been ordered and the issue of relief should have been reserved for determination if and when there was...

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