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HALL v. SPERRY GYROSCOPE CO. DIV. OF SPERRY RAND CORP.

183 F.Supp. 891 (1960)

Matter of the Arbitration between Charles N. HALL, as President of the Engineers Association, Petitioner, and SPERRY GYROSCOPE COMPANY DIVISION OF SPERRY RAND CORPORATION, Respondent.

United States District Court S. D. New York.

May 16, 1960.

Attorney(s) appearing for the Case

Vladeck & Elias, New York City, Judith P. Vladeck, David L. Bernstein, New York City, of counsel, for petitioner.

Poletti & Freidin, New York City, Jesse Freidin, Eric Rosenfeld, New York City, of counsel, for respondent.

THOMAS F. MURPHY, District Judge.

Sperry moves to remand this proceeding to the Supreme Court of New York from whence it was removed by the Engineers Association. It urges two grounds, (1) that this court lacks original jurisdiction of its motion to stay arbitration made in the State Court and (2), the Association having instituted the arbitration proceeding, it is the "plaintiff" and since a plaintiff cannot remove actions to the federal courts the removal was improper...

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