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RET. CLERKS UNION LOC. 648 v. HUB PHARMACY

No. 81-4417.

707 F.2d 1030 (1983)

RETAIL CLERKS UNION LOCAL 648, AFL-CIO, Plaintiff-Appellant, v. HUB PHARMACY, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 7, 1983.

Attorney(s) appearing for the Case

W. David Holsberry, Davis, Cowell & Bowe, San Francisco, Cal., for plaintiff-appellant.

Michael L. Ohleyer, Robert T. Parker, Titchell, Maltzman, Mark, Bass & Ohleyer, San Francisco, Cal., for defendant-appellee.

Before WALLACE and FERGUSON, Circuit Judges, and GRANT, District Judge.

FERGUSON, Circuit Judge:

Retail Clerks Union Local 648 ("the Union") appeals the dismissal of its action against Hub Pharmacy, Inc. ("Hub"). The Union sued Hub for damages and an accounting pursuant to section 301 of the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185, in order to enforce the collective bargaining agreement. The complaint was filed more than four years after the agreement expired, but intervening proceedings were held before the National...

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