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ALPHA BETA CO. v. RETAIL STORE EMP. U. LOCAL 428

No. 80-4351.

671 F.2d 1247 (1982)

ALPHA BETA COMPANY, Plaintiff-Appellant, v. RETAIL STORE EMPLOYEES UNION, LOCAL 428 AFL-CIO, chartered by the Retail Clerks International Association, AFL-CIO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 19, 1982.

Attorney(s) appearing for the Case

Patrick W. Jordan, San Francisco, Cal., argued, for plaintiff-appellant; Henry R. Telfeian, San Francisco, Cal., on brief.

Nancy Van Zwalenburg, San Francisco, Cal., argued, for defendant-appellee; Francis J. McTernan, Garry, Dreygus, McTernan, Brotsky, Stender, Herndon & Walsh, San Francisco, Cal., on brief.

Before HUG and POOLE, Circuit Judges, and WYATT, District Judge.

HUG, Circuit Judge:

Alpha Beta appeals the denial of its petition to compel the Retail Store Employees Union, Local 428 AFL-CIO (the Union) to arbitrate the interpretation and application of provisions of their 1977 and 1980 collective bargaining agreements relating to sympathy strikes. This appeal raises the issues of (1) whether Alpha Beta can compel arbitration of issues relating to a dispute that was settled under the...

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