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  5. 15 F.Supp.2d 274 (1998)
 

DIAMOND "D" CONSTRUCTION v. INTERN. UNION OF OPERATING ENG.

No. 95-CV-940C(F).

15 F.Supp.2d 274 (1998)

In the Matter of the Application of DIAMOND D CONSTRUCTION CORP., Respondent-Petitioner, v. For a Judgment Staying the Arbitration Commenced by INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNIONS NO. 17, 17A, 17B, 17C, and 17R; Thomas G. Hopkins, as President and Business Manager of the International Union of Operating Engineers, Local Unions No. 17, 17A, 17B, 17C, and 17R; Gerald A. Thompson, As Treasurer and Business Representative of the International Union of Operating Engineers, Local Unions No. 17, 17A, 17B, 17C, and 17R, Petitioner-Respondents.

United States District Court, W.D. New York.

May 31, 1998.

Attorney(s) appearing for the Case

Napier, Fitzgerald & Kirby, Brian P. Fitzgerald, of counsel, Buffalo, NY, for respondent-petitioner.

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria LLP, Mark G. Pearce, of counsel, Buffalo, NY, for petitioner-respondents,

DECISION and ORDER

CURTIN, District Judge.

BACKGROUND

Currently pending are the parties' cross-motions for summary judgment (Items 21 and 24).1 Respondent-Petitioner Diamond "D" Construction Corp. ("Diamond `D'") has moved for summary judgment, permanently staying the arbitration sought by Petitioner-Respondents International Union of Operating Engineers, AFL-CIO, Local Unions No. 17, 17A, 17B, 17C, and 17R;...

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