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INT'L UNION OF OPERATING ENG'RS v. COOPER NATURAL RESOURCES

No. 98-10273 Summary Calendar.

163 F.3d 916 (1999)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 351, Defendant-Appellant, v. COOPER NATURAL RESOURCES, INC., Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 9, 1999.

Attorney(s) appearing for the Case

Christopher Edward Howe, Henry Howard Robinson, Kelly, Hart & Hallman, Fort Worth, TX, for Plaintiff-Appellee.

John Andrew Cowan, James A. Morris, Jr., Provost & Umphrey, Beaumont, TX, for Defendant-Appellant.

Before KING, BARKSDALE and STEWART, Circuit Judges.

STEWART, Circuit Judge:

The International Union of Operating Engineers ("IUOE" or the "union"), through its Local 351, defendant in a lawsuit brought pursuant to the Labor Management Relations Act of 1947, 29 U.S.C. §§ 185(a), (c) (1994) ("LMRA"), appeals an order of the district court vacating an arbitration award in its favor. Cooper Natural Resources, Inc. ("Cooper Natural") brought suit under the LMRA after a dispute between it and the

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