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CHUPKA v. LORENZ-SCHNEIDER CO.

12 N.Y.2d 1 (1962)

Anthony Chupka et al., Appellants, v. Lorenz-Schneider Co., Inc., Defendant, and John Strauss, as President of International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 802, Respondent. In the Matter of the Arbitration between William Freely et al., Appellants, et al., Petitioner, and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 802, Respondent.

Court of Appeals of the State of New York.

Decided October 25, 1962.

Attorney(s) appearing for the Case

Kalman I. Nulman for appellants.

Samuel J. Cohen and Herbert A. Levy for respondent.

Judges DYE, FULD, FROESSEL and FOSTER concur with Chief Judge DESMOND; Judge VAN VOORHIS dissents in an opinion; Judge BURKE taking no part.

Chief Judge DESMOND.

In the declaratory judgment action to which the first above title applies plaintiffs have attempted to appeal on alleged constitutional grounds (Civ. Prac. Act, § 588, subd. 1, par. [a]) from a unanimous Appellate Division, Second Department, affirmance of a summary judgment dismissing their suit. The second title above is of an arbitration proceeding...

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