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LUMBER, PRODUCTION & INDUSTRIAL WORKERS, LOCAL NO. 3038 v. CHAMPION INTERNATIONAL CORPORATION

No. CV 80-8-M.

486 F.Supp. 812 (1980)

LUMBER, PRODUCTION & INDUSTRIAL WORKERS, LOCAL NO. 3038, Plaintiff, v. CHAMPION INTERNATIONAL CORPORATION, a New York Corporation, Defendant.

United States District Court, D. Montana, Missoula Division.

March 27, 1980.

Attorney(s) appearing for the Case

Edward A. Murphy, Datsopoulos, MacDonald & Lind, Missoula, Mont., for plaintiff.

Larry K. Amburgey, Bullard, Korshoj & Smith, P. C., Portland, Or., and Sherman V. Lohn, Garlington, Lohn & Robinson, Missoula, Mont., for defendant.

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

This action was brought to vacate an arbitration award which was made pursuant to the arbitration clause in a collective bargaining agreement. The action was filed six months after the award, and the question is whether the limitation of three months expressed in the Federal Arbitration Act (9 U.S.C. § 12), or the five-year limitation provided by Montana Code Annotated (hereafter MCA) § 27-2-215...

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