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CROWN CORK & SEAL v. INTERNATIONAL ASS'N OF MACH. AND AEROSPACE WORKERS

No. 06-3639.

501 F.3d 912 (2007)

CROWN CORK & SEAL COMPANY, INC., Plaintiff-Appellant, v. INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, The AFL-CIO; Alvin L. McColley; Leroy Kirchner; Steven Anderson, Individually and as representatives of a defendant class of retirees, Defendants-Appellees, International Association of Machinists and Aerospace Workers, The AFL-CIO, Counter Claimant-Appellee, v. Crown Cork & Seal Company, Inc., Counter Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 18, 2007.

Attorney(s) appearing for the Case

Shay Dvoretzky, argued, Washington, DC (James A. Rydzel, Cleveland, OH, Andrew M. Kramer, Washington, DC, Kate Bushman and Robert T. Smith, New York, NY, Jerome A. Hoffman, Philadelphia, PA, on the brief), for appellant.

Sally M. Tedrow, argued, Washington, DC (Francis J. Martorana and Jennifer R. Simon, Washington, DC, G. Gordon Atcheson, Westwood, KS, on the brief,), for appellees.

Before MELLOY, BOWMAN, and GRUENDER, Circuit Judges.

BOWMAN, Circuit Judge.

Crown Cork and Seal Company appeals from the District Court's orders dismissing Crown's declaratory judgment claims brought under the Employee Retirement Income Security Act (ERISA) and the Labor Management Relations Act (LMRA) and granting summary judgment to the International Association of Machinists and Aerospace Workers (IAM or the Union) on its counterclaim seeking to compel arbitration under LMRA. We reverse the summary judgment and dismiss...

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