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ABF FREIGHT SYSTEM v. INTERN. BROTH. OF TEAMSTERS

No. 12-3090.

728 F.3d 853 (2013)

ABF FREIGHT SYSTEM, INC., Plaintiff-Appellant v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, as and for themselves and as representatives of a class of teamsters local unions that are parties to the National Master Freight Agreement; Teamsters National Freight Industry Negotiating Committee, as and for themselves and as representatives of a class of teamsters local unions that are parties to the National Master Freight Agreement; Teamsters Local Union 373, as and for themselves and as representatives of a class of teamsters local unions that are parties to the National Master Freight Agreement; Teamsters Local Union 878, as and for themselves and as representatives of a class of teamsters local unions that are parties to the National Master Freight Agreement; YRC, Inc.; New Penn Motor Express, Inc.; USF Holland, Inc.; Trucking Management, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 30, 2013.

Attorney(s) appearing for the Case

Thomas G. Hungar , argued, Washington, DC ( Porter N. Wilkinson , Michael F. Murray , Michael G. Smith , Little Rock, AR, Robert C. Long , Robert F. Millman , Fayetteville, AR, Karl G. Nelson , on the brief, Dallas, TX), for Plaintiff-Appellant.

Samuel Morris , argued, Memphis, TN( Melva Harmon , on the brief, Little Rock, AR), for Defendants-Appellees Teamsters National Freight Industry Negotiating Committee, IBT, Teamsters Local Union 373 and Teamsters Local Union 878.

Joshua Z. Rabinovitz , argued, Chicago, IL ( John F. Hartmann , Carl H. Gluek , T. Merritt Bumpass, Jr. , on the brief, Cleveland, OH), for Defendants-Appellees YRC, New Penn Motor Express and USF Holland.

Before RILEY, Chief Judge, BYE and BENTON, Circuit Judges.

BENTON, Circuit Judge.

ABF Freight System, Inc., sued the following defendants: YRC, Inc., New Penn Motor Express, Inc., USF Holland, Inc. (collectively, "YRC"); the International Brotherhood of Teamsters and two of its locals (collectively, the "Union"); and the bargaining representatives of YRC and the Union. ABF alleged a violation of a collective-bargaining agreement. Arguing that the agreement's grievance-resolution system was unavailable, ABF asked the district...

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