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NCR CORP., E&M-WICHITA v. INTL. ASS'N OF MACHINISTS AND AEROSPACE WORKERS, DISTRICT LODGE NO. 70

No. 88-1479.

906 F.2d 1499 (1990)

NCR CORPORATION, E & M-WICHITA, Plaintiff-Appellee, v. The INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, DISTRICT LODGE NO. 70, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 5, 1990.

Attorney(s) appearing for the Case

David K. Holmes, of Render & Kamas, Roger M. Theis, Wichita, Kan., for defendant-appellant.

Douglas L. Stanley, of Foulston, Siefkin, Powers & Eberhardt, Gerald Sawatzky, Gloria G. Flentje, Wichita, Kan., for plaintiff-appellee.

Before TACHA, BALDOCK, and GARTH, Circuit Judges.

GARTH, Circuit Judge.

I.

This appeal arises from a grant of summary judgment by the district court in favor of the plaintiff, NCR Corporation, E & M-Wichita ("NCR"). The judgment in favor of NCR also vacated and set aside an Arbitrator's Decision and Award.

Our review of the district court's ruling is plenary, and we utilize the same standard that the district court was required to apply. Russell v. American States Insurance Co.,

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