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NORTHERN CALIFORNIA DIST., ETC. v. OPINSKI

No. 80-4511.

673 F.2d 1074 (1982)

NORTHERN CALIFORNIA DISTRICT COUNCIL OF HOD CARRIERS, BUILDING AND CONSTRUCTION LABORERS, AFL-CIO, on behalf of itself and on behalf of Construction and General Laborers Union Local 1130, Petitioners-Appellants, v. E. J. OPINSKI, individually, dba/E. J. Opinski, Building Contractor; Tom Kuffel, individually, dba/Tom Kuffel Construction Company, Tom Kuffel Construction Company, Black Corporation, a corporation, White Company, a partnership, and Does I through X, inclusive, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 5, 1982.

Attorney(s) appearing for the Case

David A. Rosenfeld, San Francisco, Cal., for petitioners-appellants; Victor J. Van Bourg, Van Bourg, Allen, Weinberg & Roger, San Francisco, Cal., on brief.

Mark R. Thierman, San Francisco, Cal., for respondents-appellees.

Before WALLACE and KENNEDY, Circuit Judges, and CROCKER, District Judge.

KENNEDY, Circuit Judge:

The Northern California District Council of Hod Carriers (union) commenced an action to compel arbitration over a clause in a collective bargaining agreement between the union and Opinski (employer). The case was properly removed from state court to the Northern District of California. The union filed the action after the employer had already filed an unfair labor practice charge before the National Labor Relations Board to have the clause...

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