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UNITED STEELWORKERS OF AMERICA v. PHELPS DODGE

No. 84-2019.

764 F.2d 576 (1985)

UNITED STEELWORKERS OF AMERICA, AFL-CIO, and Morenci Miners Union Local 616, United Steelworkers of America, AFL-CIO, Plaintiffs-Appellants, v. PHELPS DODGE CORPORATION, Morenci Branch, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1985.

Attorney(s) appearing for the Case

Paul Whitehead, Pittsburgh, Pa., for plaintiffs-appellants.

James G. Speer, Evans, Kitchel & Jenkes, P.C., Phoenix, Ariz., for defendant-appellee.

Before SNEED, TANG and CANBY, Circuit Judges.

TANG, Circuit Judge:

United Steelworkers of America and its local, Morenci Miner's Union No. 616, ("the Union") brought suit in district court under section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185, seeking to compel Phelps Dodge Corporation ("Phelps Dodge") to submit to arbitration of a dispute arising under the parties' collective bargaining agreement. On cross-motions for summary judgment, the district court granted Phelps Dodge's...

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