Legal Opinion
Lee Pharmaceuticals v. Kreps
Court of Appeals for the Ninth Circuit
Decided June 29, 1978No. 76-2082PublishedCited by 32 opinions
1Per curiam
In response to appellant’s petition to compel arbitration of certain grievances, appel-lee stipulated to the initial existence of a collective bargaining agreement between the parties but asserted the agreement had been abandoned because appellant took no action to implement it for over a year despite appellee’s overtures. The district court agreed and dismissed the petition.' The appellant argues that the defense of abandonment should have been left to the arbitrator. We agree.
In Operating Engineers Local 150 v. Flair Builders, Inc., 406 U.S. 487, 92 S.Ct. 1710, 32 L,Ed.2d 248 (1971), the…
2Cases cited2 opinions
- International Union of Operating Engineers, Local 150 v. Flair Builders, Inc.Supreme Court of the United States · 1972
- H & M Cake Box, Inc. v. Bakery and Confectionery Workers International Union of America, Local No. 45Court of Appeals for the First Circuit · 1974
3Cited by32 opinions
- Stuhlbarg International Sales Company, Inc., a California Corporation, D/B/A Sisco v. John D. Brush and Company, Inc., a New York CorporationCourt of Appeals for the Ninth Circuit · 2001
- Bart B. Chamberlain, Jr., Etc., Plaintiff-Appellee-Cross v. Jerome Kurtz, Commissioner of Internal Revenue, Defendants- Appellants-CrossCourt of Appeals for the Fifth Circuit · 1979
- Irons and Sears v. C. Marshall DannCourt of Appeals for the D.C. Circuit · 1979
- Richard S. Berry v. Department of JusticeCourt of Appeals for the Ninth Circuit · 1984
- Reinstein v. Police Commissioner of BostonMassachusetts Supreme Judicial Court · 1979
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