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PACESETTER CONST. v. CARPENTERS 46 NORTHERN CAL.

No. 93-16627.

116 F.3d 436 (1997)

PACESETTER CONSTRUCTION COMPANY, INC., Plaintiff-Cross-claimant-Appellant, v. CARPENTERS 46 NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD, Defendant-Counter-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

June 25, 1997.

Attorney(s) appearing for the Case

Patrick M. Glenn, Hanson, Bridgett, Marcus, Vlahos & Rudy, San Francisco, CA, for plaintiff-cross-claimant-appellant.

Sandra R. Benson, James J. Wesser, VanBourg, Weinberg, Roger & Rosenfeld, Oakland, CA, for defendant-counter-claimant-appellee.

Before: GOODWIN, CANBY and T.G. NELSON, Circuit Judges.

CANBY, Circuit Judge.

In its current posture, this case presents the question whether an arbitration panel (the Board of Adjustment) had jurisdiction to determine the arbitrability of a dispute between Pacesetter Construction Co., Inc. ("Pacesetter") and the Carpenters 46 Northern California Counties Conference Board ("Union"). Pacesetter had signed prehire agreements with the Union in 1971 and 1974, at which times it operated as a union contractor. It contends that...

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