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INTERNATIONAL U., U. A., A. & A. IMP. WKRS. v. DEFIANCE INDUS., INC.

Civ. No. C64-106.

251 F.Supp. 650 (1966)

The INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-AFL-CIO) and Its Local Union No. 459, Plaintiff, v. DEFIANCE INDUSTRIES, INC., Defendant.

United States District Court N. D. Ohio, W. D.

March 10, 1966.

Attorney(s) appearing for the Case

Ralph Rudd, Rudd, Ober & Miller, Cleveland, Ohio, for plaintiff.

Robert Gosline, Shumaker, Loop & Kendrick, Toledo, Ohio, for defendant.

YOUNG, District Judge:

In this contract action over which the Court obtains jurisdiction by virtue of Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, plaintiff has moved for an order staying this proceeding and directing the defendant to proceed to arbitration pursuant to the provisions of a Pension Plan Agreement entered into September 1, 1955. The last extension of that agreement includes a termination provision which reads:

"2...

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