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PARKER v. BOROCK

5 N.Y.2d 156 (1959)

Charles W. Parker, Appellant, v. Nathan Borock, as Receiver of Voges Manufacturing Company, Inc., Respondent.

Court of Appeals of the State of New York.

Decided January 15, 1959.

Attorney(s) appearing for the Case

Bernard H. Fitzpatrick and William J. Keating for appellant.

Joseph Jaspan for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE and FROESSEL concur with Judge BURKE; Judges FULD and VAN VOORHIS concur in separate opinions.

BURKE, J.

Prior to receivership, the Voges Manufacturing Company entered into a collective bargaining agreement with Local 15 of the International Association of Machinists. The defendant receiver, after appointment to that office, was authorized by the Federal District Court to adopt the terms of this agreement.

Subsequently, on April 16, 1954, the plaintiff employee, Parker, a member of the union, was...

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