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INTERN. ASS'N OF MACH. v. UNITED TECHNOLOGIES CORP.

No. 81-5807.

704 F.2d 569 (1983)

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, SEMINOLE LODGE 791, etc., Petitioner-Appellee, v. UNITED TECHNOLOGIES CORPORATION, PRATT & WHITNEY AIRCRAFT GROUP, GOVERNMENT PRODUCTS DIVISION, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 2, 1983.

Attorney(s) appearing for the Case

W. Reynolds Allen, Mark E. Levitt, Hogg, Allen, Ryce, Norton & Blue, P.A., Tampa, Fla., for respondent-appellant.

Joseph A. Vassallo, Vassallo & Varner, P.A., Palm Springs, Fla., for petitioner-appellee.

Before HENDERSON and HATCHETT, Circuit Judges, and TUTTLE, Senior Circuit Judge.

TUTTLE, Senior Circuit Judge:

The International Association of Machinists ("IAM") brought this action in Florida State Court against United Technologies, seeking to require the latter, the employer, to arbitrate a grievance brought by one Grubb. The case was removed to the United States District Court on diversity grounds. Thereafter, United Technologies, the respondent, filed a motion to dismiss before the filing of its answer or any other defensive pleadings. The...

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