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PULLMAN POWER PRODUCTS CORP. v. LOCAL 403

No. 86-6572.

856 F.2d 1211 (1988)

PULLMAN POWER PRODUCTS CORPORATION, Plaintiff/Counter-Defendant/Appellee, v. LOCAL 403, UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPE-FITTING INDUSTRY, Defendant-Appellant, and United Association of Journeymen and Apprentices of the Plumbing and Pipe-fitting Industry of the United States and Canada, AFL-CIO, Defendant/Counter-Plaintiff/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 22, 1987.

Opinion on Rehearing September 16, 1988.

Attorney(s) appearing for the Case

Francis J. Martorana, O'Donoghue & O'Donoghue, Washington, D.C., Jeffrey L. Cutler, Pappy & Davis, Los Angeles, Cal., for defendant-appellant.

Richard R. Boisseau, Kilpatrick & Cody, Atlanta, Ga., Gregory Michael MacGregor, Ervin, Cohen & Jessup, Beverly Hills, Cal., for plaintiff-appellee.

Before TANG, SCHROEDER and BEEZER, Circuit Judges.

OPINION ON REHEARING

SCHROEDER, Circuit Judge:

This is a union appeal from a district court judgment vacating an arbitrator's award. It arises out of the same series of events considered in Howard P. Foley Co. v. International Brotherhood of Electrical Workers, Local 639, 789 F.2d 1421 (9th Cir.1986). The case came before us in October of 1987, and by memorandum disposition we affirmed, 831 F.2d 303, stating that...

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