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LOC. NO. 406, INT. U. OF OPER. ENG. v. AUSTIN CO.

No. 85-3190.

784 F.2d 1262 (1986)

LOCAL NO. 406, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, Plaintiff-Appellant, v. The AUSTIN COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 17, 1986.

Attorney(s) appearing for the Case

Marie Healey, William Lurye, Metairie, La., for plaintiff-appellant.

Frank Borda, Washington, D.C., Stephen D. Ridley, New Orleans, La., for defendant-appellee.

Before THORNBERRY, RUBIN and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Local 406, alleging breaches of a collective bargaining agreement by the employer's subcontracting and refusing to arbitrate the grievance, appeals the district court's entry of summary judgment in favor of The Austin Company. The district court found that the underlying grievance was untimely under the terms of the agreement and held the right to arbitration to have been waived. Because this case presents issues of procedural arbitrability...

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