Hotel Employees, Restaurant Employees Union, Local 878, Afl-Cio v. Don Cullop and Phyllis Cullop, D/B/A Harbor Inn

967 F.2d 587 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. HOTEL EMPLOYEES, RESTAURANT EMPLOYEES UNION, LOCAL 878, AFL-CIO, Plaintiff-Appellant, v. Don CULLOP and Phyllis Cullop, d/b/a Harbor Inn, Defendants-Appellees. No. 90-35854. United States Court of Appeals, Ninth Circuit. Argued and Submitted August 21, 1991. Decided June 24, 1992. Before TANG, REINHARDT and RYMER, Circuit Judges. 1 MEMORANDUM * 2 The plaintiff union attempted to obtain review of the district court's order staying proceedings. The stay was issued for the purpose of encouraging the parties to return to arbitration. Believing that the stay was erroneously issued and that a procedural vehicle existed for direct review of the stay order, the union successfully invited a final dismissal of the action, and then appealed that dismissal. We find that, under the rule established in Coursen v. A.H. Robins Co., 764 F.2d 1329 (9th Cir.), amended, 773 F.2d 1049 (9th Cir.1985), the union was incorrect; we do…