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OPERATING ENGINEERS LOCAL UNION v. NEWMONT MIN.

No. 04-16917.

476 F.3d 690 (2007)

OPERATING ENGINEERS LOCAL UNION NO. 3, Plaintiff-Appellee, v. NEWMONT MINING CORP., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 5, 2007.

Attorney(s) appearing for the Case

Paul J. McCue, Raymond M. Deeny, Sherman & Howard, Denver, Colorado, for the defendant-appellant.

David A. Rosenfeld, Caren P. Sencer, Weinberg, Roger & Rosenfeld, Alameda, California, for the plaintiff-appellee.

Before WILLIAM C. CANBY, JR., EMMETT RIPLEY COX, and RICHARD A. PAEZ, Circuit Judges.

CANBY, Circuit Judge.

Newmont Mining Corporation appeals the district court's grant of summary judgment in favor of Operating Engineers Local Union No. 3 in the Union's action to compel arbitration. Newmont and the Union were parties to a collective bar gaining agreement. Newmont terminated the employment of Samuel Taylor, an employee represented by the Union, for allegedly falsifying a tool request form. Newmont declined to arbitrate the termination, on the ground...

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