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KEMNER v. DISTRICT COUN. OF PAINT. & ALLIED TRADES

No. 84-5963.

768 F.2d 1115 (1985)

Paul S. KEMNER, Plaintiff-Appellant, v. DISTRICT COUNCIL OF PAINTING AND ALLIED TRADES NO. 36, Los Angeles Area Painters and Decorators Local Joint Committee, Inc., Los Angeles County Painters and Decorators Joint Committee, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 15, 1985.

Attorney(s) appearing for the Case

Ralph E. Wiggen, Los Angeles, Cal., for plaintiff-appellant.

Jeffrey L. Cutler, Davis, Frommer & Jesinger, Los Angeles, Cal., for defendants-appellees.

Before HUG and BOOCHEVER, Circuit Judges, and AGUILAR, District Judge.

AGUILAR, District Judge:

Plaintiff Kemner, a painting contractor, sued under section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185, and section 10 of the Arbitration Act (USAA), 9 U.S.C. § 10, to vacate one arbitration award and confirm two others. Defendants, a labor union and two arbitration committees, moved to dismiss the complaint for want of subject matter jurisdiction and failure to state a claim for which relief could be granted...

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