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LAWI/CSA CONSOLIDATORS, INC. v. WHOLESALE AND RETAIL FOOD DISTRIBUTION, TEAMSTERS LOCAL 63

No. 87-5923.

849 F.2d 1236 (1988)

LAWI/CSA CONSOLIDATORS, INC., dba: Consolidators Handling Co., Plaintiff-Appellee, v. WHOLESALE AND RETAIL FOOD DISTRIBUTION, TEAMSTERS LOCAL 63, Affiliated with the International Brotherhood of Teamsters, Chauffeurs and Warehousemen of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 22, 1988.

Attorney(s) appearing for the Case

Michael J. Shelley, Wohlner, Kaplon, Phillips, Vogel, Shelley & Young, Los Angeles, Cal., for defendant-appellant.

Ronald W. Novotny, Hill, Farrer & Burrill, Los Angeles, Cal., for plaintiff-appellee.

Before WALLACE, TANG and NORRIS, Circuit Judges.

NORRIS, Circuit Judge:

Local 63 of the Teamsters Union appeals the district court's judgment permanently enjoining it from arbitrating a grievance pursuant to a collective bargaining agreement with appellee LAWI/CSA Consolidators, Inc. ("Consolidators"). The principal questions we consider are whether the court or the arbitrator should decide whether the duty to arbitrate a grievance had terminated, and, if the district court properly assumed responsibility for deciding...

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