Owens-Illinois, Inc. v. District 65, Retail, Wholesale and Department Store Union Afl-Cio, 393 F.2d 932, 2d Cir. (1968)
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Scribd Government DocsOwens-Illinois, Inc. v. District 65, Retail, Wholesale and Department Store Union Afl-Cio, 393 F.2d 932, 2d Cir. (1968)
Uploaded by
Scribd Government Docs393 F.
2d 932
OWENS-ILLINOIS, INC., Plaintiff-Appellee,
v.
DISTRICT 65, RETAIL, WHOLESALE AND DEPARTMENT
STORE UNION AFL-CIO, Defendant-Appellant.
No. 472.
Docket 31698.
United States Court of Appeals Second Circuit.
Argued May 2, 1968.
Decided May 2, 1968.
Plaintiff-appellee brought its action in the United States District Court for
the Southern District of New York, for a declaratory judgment
permanently staying an arbitration which had been demanded against it by
defendant-appellant. Plaintiff and defendant cross-moved for summary
judgment. Plaintiff-appellee's motion to restrain permanently an
arbitration proceeding was granted and defendant-appellant's motion to
dismiss the action was denied. Defendant-appellant appeals.
Emanuel Dannett, New York City, Fred E. Fuller, Richard S. Baker,
Toledo, Ohio, Jacob Silverman, New York City, Fuller, Seney, Henry &
Hodge, Toledo, Ohio, McGoldrick, Dannett, Horowitz & Golub, New
York City, for plaintiff-appellee.
Eugene G. Eisner, New York City, for defendant-appellant.
Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.
PER CURIAM:
We affirm in open court the judgment below upon the opinion of Judge
McLean, reported at 276 F.Supp. 740 (S.D.N.Y. 1967).
