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HOUSTON REFINING v. UNITED STEEL, PAPER, MFG.

No. 13-20384.

765 F.3d 396 (2014)

HOUSTON REFINING, L.P., Plaintiff-Appellant v. UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, Energy Allied Industrial and Service Workers International Union; United Steel Workers Local Union No. 13-227, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 25, 2014.

Attorney(s) appearing for the Case

David Michael Gunn , Chad Flores, Esq. , William R. Peterson , Russell S. Post , Beck Redden, L.L.P., Houston, TX, William D. Ellerman, Esq. , Jackson Walker, L.L.P., Dallas, TX, Scott Robert McLaughlin , Jackson Walker, L.L.P., Houston, TX, for Plaintiff-Appellant.

Emma Rebecca Rebhom, Esq. , Assistant General Counsel, United Steelworkers of America, Pittsburgh, PA, Patrick M. Flynn, Esq. , Houston, TX, for Defendants-Appellees.

Before JOLLY, GARZA, and HIGGINSON, Circuit Judges.

EMILIO M. GARZA, Circuit Judge.

After filing for bankruptcy, Houston Refining, L.P. (Houston Refining), suspended matching contributions to its employees' 401(k) plans. The company later agreed to enter into arbitration regarding the suspension with the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, acting on behalf of itself and its local unions (collectively Union). After the arbitrator...

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