WHEELABRATOR ENVIROTECH v. MASS. LABORERS

No. 95-2142.

88 F.3d 40 (1996)

WHEELABRATOR ENVIROTECH OPERATING SERVICES INCORPORATED, Plaintiff, Appellee, v. MASSACHUSETTS LABORERS DISTRICT COUNCIL LOCAL 1144 and Laborers International Union of North America, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 10, 1996.


Attorney(s) appearing for the Case

Ira Sills with whom Segal, Roitman & Coleman, Boston, MA, was on brief, for appellant.

Benjamin B. Culp, Jr., Atlanta, GA, with whom Steven M. Bernstein, Fisher & Phillips, New York City, Bradford J. Smith and Goodwin, Procter & Hoar, Boston, MA, were on brief, for appellee.

Before STAHL and LYNCH, Circuit Judges and ALDRICH, Senior Circuit Judge.


STAHL, Circuit Judge.

This appeal involves a challenge to a district court's grant of summary judgment vacating an arbitration award. Massachusetts Laborers District Council, Local 1144, ("the Union") seeks reinstatement of an arbitrator's ruling that Wheelabrator Envirotech Operating Services, Inc., breached its collective bargaining agreement with the Union by failing to compel its successor to assume the agreement. Because...

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