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BROTHERHOOD OF L. F. & E. v. KENNECOTT COPPER CORP. (UTAH C. DIV.

No. 7680.

338 F.2d 224 (1964)

BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, LODGE 844, an unincorporated association, Appellant, v. KENNECOTT COPPER CORPORATION (UTAH COPPER DIVISION), a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

November 20, 1964.

Attorney(s) appearing for the Case

Robert M. Yeates, Salt Lake City, Utah (Mulliner, Prince & Mangum and Gerald R. Miller, Salt Lake City, Utah, on the brief), for appellant.

Keith E. Taylor, Salt Lake City, Utah (Calvin A. Behle and Parsons, Behle, Evans & Latimer, Salt Lake City, Utah, on the brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

This is an action arising under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, in which the Brotherhood seeks declaratory and equitable relief for alleged infractions of its collective bargaining agreement with Kennecott. The action was dismissed by the trial court and this appeal followed. We deem the determinative question to be whether such dismissal was proper in view of the grievance procedures contained in the...

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