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INTERN. ASS'N OF MACH. & AER. W. v. REPUBLIC AIR.

No. 84-1688.

761 F.2d 1386 (1985)

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, Plaintiff-Appellant, v. REPUBLIC AIRLINES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 24, 1985.

Attorney(s) appearing for the Case

John Clark, Jr., Highsaw & Mahoney, P.C., Washington, D.C., Stanley Lubin, Treon, Warnicke & Roush, Phoenix, Ariz., for plaintiff-appellant.

Kevin O'Malley, Michael K. Kennedy, Gallagher & Kennedy, Phoenix, Ariz., for defendant-appellee.

Before BARNES, Senior Circuit Judge, HUG, and SCHROEDER, Circuit Judges.

BARNES, Senior Circuit Judge.

The International Association of Machinists (IAM) appeals the dismissal with prejudice of their amended complaint seeking to compel Republic Airlines (Republic) to arbitrate a labor dispute arising under the provisions of the Railway Labor Act. The IAM also appeals the order of the district court conditioning the filing of an amended complaint on the payment of attorney's fees to Republic.

The underlying action was filed in the...

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