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DRAKE BAKERIES INCORPORATED v. LOCAL 50, AMERICAN BAKERY & CONFECTIONERY WORKERS INTERNATIONAL, AFL-CIO

196 F.Supp. 148 (1960)

DRAKE BAKERIES INCORPORATED v. LOCAL 50, AMERICAN BAKERY & CONFECTIONERY WORKERS INTERNATIONAL, AFL-CIO, and Louis Genuth, Secy. Treas. etc.

United States District Court S. D. New York.

May 4, 1960.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City, for plaintiff (Robert Abelow, New York City, of counsel).

O'Dwyer & Bernstien, New York City, for defendant (Howard N. Meyer, New York City, of counsel).

RYAN, Chief Judge.

On January 4, 1960, the plaintiff Drake Bakeries, Incorporated, instituted this suit to recover damages for an alleged breach of the "no-strike provision" of a collective bargaining agreement, pursuant to Section 301(a) of the Labor-Management Relations Act, 29 U.S.C.A. § 185.

Prior to interposing an answer to the complaint, defendant moves this Court, under Section 3 of the United States Arbitration Act, 9 U.S.C.A. § 3, for a...

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