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  5. 7 N.Y.2d 397 (1960)
 

MATTER OF SOTO (GOLDMAN)

7 N.Y.2d 397 (1960)

In the Matter of Adolpho Soto et al., Respondents. Nathan Goldman, as President of Local 122, National Jewelry Workers Union, AFL-CIO, Appellant. [In the Matter of the Arbitration between LENSCRAFT OPTICAL CORP. (RAYEX), Petitioner, and NATHAN GOLDMAN, as President of Local 122, National Jewelry Workers Union, AFL-CIO, Respondent.]

Court of Appeals of the State of New York.

Decided March 3, 1960.

Attorney(s) appearing for the Case

Murray A. Frank for appellant.

Martin H. Schneider and Harry J. Halperin for respondents.

Chief Judge DESMOND and Judges FULD, BURKE and FOSTER concur with Judge DYE; Judge FROESSEL dissents in an opinion in which Judge VAN VOORHIS concurs.

DYE, J.

In this proceeding commenced by an order to show cause, the respondent-appellant union appeals by permission from an order vacating an award of the New York State Board of Mediation, rendered in an arbitration between the respondent Lenscraft Optical Corp. (Rayex), as employer, and appellant union, as collective bargaining agent, under an agreement then in full force and effect, the validity of which had...

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