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COUNCIL OF WESTERN ELEC. TECH. EMP. v. WESTERN ELEC. CO.

No. 24, Docket 24004.

238 F.2d 892 (1956)

COUNCIL OF WESTERN ELECTRIC TECHNICAL EMPLOYEES — NATIONAL, Plaintiff-Appellee, v. WESTERN ELECTRIC COMPANY, Incorporated, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 30, 1956.

Attorney(s) appearing for the Case

Eugene Eisenmann and Proskauer Rose Goetz & Mendelsohn, New York City, for defendant-appellant, Robert A. Levitt, Burton A. Zorn, Richard N. Goldstein, New York City, of counsel.

Abraham Weiner, New York City, and Mayer, Weiner & Mayer, New York City, for plaintiff-appellee, Henry Mayer, New York City, of counsel.

Before HAND, MEDINA and HINCKS, Circuit Judges.

HAND, Circuit Judge.

The defendant appeals from an order, denying its motion for a stay under § 3 of the United States Arbitration Act, 9 U.S.C.A. § 3, and § 1451 of the New York Civil Practice Act. The action was brought under § 301(a) of the Labor Management Relations Act, 29 U.S. C.A. § 185(a), for a declaratory judgment; and the complaint was in substance as follows. The plaintiff is a "labor organization, certified" under that act, and...

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