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TROY CHEMICAL CORP. v. TEAMSTERS UNION LOCAL NO. 408

No. 93-5638.

37 F.3d 123 (1994)

TROY CHEMICAL CORPORATION, Appellant, v. TEAMSTERS UNION LOCAL NO. 408, Appellee.

United States Court of Appeals, Third Circuit.

Decided September 30, 1994.

Attorney(s) appearing for the Case

Harry N. Turk (argued), Epstein, Becker & Green, New York City, for appellant.

Kenneth I. Nowak (argued), Zazzali, Zazzali, Fagella & Nowak, Newark, NJ, for appellee.

Before: MANSMANN, ALITO, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal presents an interesting question concerning the authority of a federal district court to preliminarily decide procedural issues as well as the arbitrability of a labor grievance where the union party seeks arbitration. Troy Chemical Corporation (Troy Chemical) and the Teamsters Union Local No. 408 (the Union) are parties to a collective bargaining agreement (CBA). On April 23, 1991, Troy Chemical discharged...

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