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United States Ninth Circuit


Dist. Council No. 16 of the Int'l Union of Painters & Allied Trades v. B & B Glass, Inc., 05-16258

In construction industry labor litigation brought by a union against a Texas company, grant of the company's motion to dismiss the union's petition to compel arbitration is affirmed as: 1) plaintiff-union has no agreement with the employer that it sought to take to arbitration; and 2) it could not show that the employer against whom it filed its claim controls a company doing the work in California.

Appellate Information

  • Argued 06/13/2007
  • Decided 08/16/2007
  • Published 08/16/2007

Judges

  • Before: MARY M. SCHROEDER, Chief Circuit Judge, WILLIAM C. CANBY, JR. and M. MARGARET McKEOWN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • David A. Rosenfeld and Emily P. Rich, Weinberg, Roger & Rosenfeld, Alameda, CA, for the plaintiff-appellant.

  • For Appellees:
  • Charles S. Birenbuam, Joan B. Tucker Fife, and Robert Spagat, Winston & Strawn, LLP, San Francisco, CA, for the defendant-appellee.
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