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LOCAL UNION NO. 661 v. ZENITH LOGISTICS, INC

No. 08-3267.

550 F.3d 589 (2008)

WAREHOUSE, PRODUCTION, MAINTENANCE AND MISCELLANEOUS EMPLOYEES, FURNITURE, PIANO AND EXPRESS DRIVERS AND HELPERS LOCAL UNION NO. 661, affiliated with the International Brotherhood of Teamsters, Plaintiff-Appellant, v. ZENITH LOGISTICS, INC., Defendant, The Kroger Company, Kroger Limited Partnership I, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 23, 2008.

Attorney(s) appearing for the Case

ARGUED: Julie C. Ford, Doll, Jansen & Ford, Dayton, Ohio, for Appellant. Timothy P. Reilly, Taft, Stettinius & Hollister, Cincinnati, Ohio, John W. Fischer, Denlinger, Rosenthal & Greenberg, Cincinnati, Ohio, for Appellees. ON BRIEF: Julie C. Ford, Doll, Jansen & Ford, Dayton, Ohio, for Appellant. Timothy P. Reilly, Daniel Joseph Hoying, Taft, Stettinius & Hollister, Cincinnati, Ohio, John W. Fischer, Denlinger, Rosenthal & Greenberg, Cincinnati, Ohio, for Appellees.

Before GILMAN, SUTTON, and KETHLEDGE, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

Warehouse, Production, Maintenance and Miscellaneous Employees, Furniture, Piano and Express Drivers and Helpers Local Union 661 ("Union") appeals the dismissal of its complaint against The Kroger Company and Kroger Limited Partnership I (collectively, "Kroger"). The complaint sought to compel Kroger's participation in an arbitration conducted pursuant to the Union's collective bargaining agreement with another company,...

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