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NIX v. SPECTOR FREIGHT SYSTEM, INC.

62 N.J. Super. 213 (1960)

162 A.2d 590

WILLIAM A. NIX (AND 32 OTHERS), PLAINTIFFS-APPELLANTS, v. SPECTOR FREIGHT SYSTEM, INC., ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 28, 1960.

Attorney(s) appearing for the Case

Mr. John J. Bracken argued the cause for appellants, together with Mr. Alfred W. Blumrosen, of the Michigan Bar, admitted pro hac vice (Messrs. Bracken & Walsh, attorneys).

Mr. Herbert Burstein, of the New York Bar, admitted pro hac vice, argued the cause for respondent Spector Freight System, Inc. (Messrs. Davidson & Miniutti, attorneys).

Mr. Thomas L. Parsonnet argued the cause for respondent Local 478, International Brotherhood of Teamsters, Chauffers, Warehousemen and Helpers of America (Messrs. Parsonnet, Weitzman and Oransky, attorneys).

Before Judges GOLDMANN, CONFORD and FREUND.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

Plaintiffs appeal from a Law Division judgment dismissing the amended complaint and discharging the order to show cause in their action to set aside an arbitration award and to have the issues submitted to arbitration pursuant to the provisions of the collective bargaining agreement under which they claim employment seniority. The opinion filed by the trial judge shows he relied solely upon plaintiffs' failure...

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