AMARO v. CONTINENTAL CAN CO.

No. 83-5519.

724 F.2d 747 (1984)

Santiago AMARO, et al., Plaintiffs-Appellants, v. The CONTINENTAL CAN COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 23, 1984.


Attorney(s) appearing for the Case

David Feller, Berkeley, Cal., for plaintiffs-appellants.

Franklin H. Wilson, McCutchen, Black, Verleger & Shea, Los Angeles, Cal., for defendant-appellee.

Before KENNEDY, SKOPIL, and PREGERSON, Circuit Judges.


SKOPIL, Circuit Judge:

INTRODUCTION

In this case we are confronted with the competing tensions of access to the courts and arbitration. The issue presented is whether an arbitration award on a grievance under a collective bargaining agreement is res judicata of an Employee Retirement Income Security Act ("ERISA") claim arising out of the same facts. A related issue is whether exhaustion of arbitration procedures for contractual grievances is required prior...

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