Opinion
No. 77-1402.
Submitted November 15, 1977.
Decided December 7, 1977.
John P. Fahey, Omaha, Neb., for appellant.
John K. Green, Omaha, Neb., for appellee.
Appeal from the United States District Court for the District of Nebraska.
This appeal presents a single, tightly-drawn issue: Is a party to a collective bargaining agreement bound by an arbitrator's interpretation of a clause in an identically-worded prior contract although that interpretation was dictum? We hold that the prior interpretation does not bind the parties, and affirm on the basis of the district court's opinion reported at 427 F. Supp. 338 (D.Neb. 1977).