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ROCKWELL INTERN. v. HANFORD ATOMIC METAL TRADES

No. 87-3746.

851 F.2d 1208 (1988)

ROCKWELL INTERNATIONAL CORPORATION, Rockwell Hanford Operations, a Delaware Corporation, Plaintiff-Appellee. v. HANFORD ATOMIC METAL TRADES COUNCIL, etc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 12, 1988.

Attorney(s) appearing for the Case

David E. Williams, Critchlow & Williams, Richland, Wash., for defendant-appellant.

Robert S. Gruhn, Richland, Wash., and Burton J. Fishman, Gibson, Dunn & Crutcher, Washington, D.C., for plaintiff-appellee.

Before WRIGHT, FERGUSON and BRUNETTI, Circuit Judges.

FERGUSON, Circuit Judge:

Hanford Atomic Metal Trades Council ("HAMTC") appeals the district court's grant of summary judgment to Rockwell International Corporation ("Rockwell"). HAMTC argues that the district court erroneously raised the doctrine of judicial estoppel, sua sponte, to bar HAMTC's counterclaim for an order to compel arbitration of a grievance filed pursuant to a collective bargaining agreement. We reverse and remand to the district court for consideration...

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