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LOCAL 36 SHEET METAL WORKERS' INTERN. v. WHITNEY

No. 11-1781.

670 F.3d 865 (2012)

LOCAL 36 SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, AFL-CIO, Appellee, v. Michael WHITNEY, doing business as Whitney Industrial, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 6, 2012.

Attorney(s) appearing for the Case

Rick Eugene Temple , argued, Springfield, MO, for appellant.

James Christopher Chostner , argued, Sally Barker, on the brief, St. Louis, MO, for appellee.

Before SMITH, COLLOTON, and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Local 36 Sheet Metal Workers' International Association, AFL-CIO ("Local 36") obtained an arbitration award against Michael Whitney ("Whitney") d/b/a Whitney Industrial, a non-signatory to any collective bargaining agreement, under an alterego theory. Whitney appeals the district court's order enforcing the arbitration award, and we vacate and remand for further proceedings.

Whitney Mechanical Contractors, Inc. ("Whitney Mechanical...

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