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9th Cir action agreement allowed applied arbitration argument bargaining basis belief Board cert Circuit claim clause Code Congress consent decrees consent judgment contract corporation counsel Court held criminal decision defendant defendant's denied derivative suit determination discrimination dissenting district court divorce doctrine effect employees enforcement Equal Protection Clause Escobedo Establishment Clause evidence fact federal courts Fifth Amendment Fourteenth Amendment Fourth Amendment Harv interest involved issue Judge judgment judicial jurisdiction jury Justice labor legislative Lenske libel limited litigation ment merger Monsanto NLRB officer opinion parties person plaintiff practice prior problem procedure protection question reasonable regulation religion religious remedy result rule settlement shareholder standards Stat statute statutory subcontracting suit Supp supra note Supreme Court taxpayer theory tion trial Uniform Commercial Code union United violation York zoning