IN RE MUSKEGON MOTOR SPECIALTIES COMPANY

Nos. 14982, 14983.

313 F.2d 841 (1963)

In the Matter of MUSKEGON MOTOR SPECIALTIES COMPANY, Debtor. INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AFL-CIO, and Its Local 1272, Voluntary Unincorporated Associations, Respondents-Appellants, v. Louis F. DAVIS, Trustee of Muskegon Motor Specialties Company, A Delaware Corporation, Petitioner-Appellee. INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AFL-CIO, and Its Local 1272, Voluntary Unincorporated Associations, Plaintiffs-Appellants, v. WOODLIN METAL PRODUCTS COMPANY, a Division of Muskegon Motor Specialties Company, A Delaware Corporation, and Louis F. Davis, Trustee in Bankruptcy, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

February 27, 1963.


Attorney(s) appearing for the Case

Nancy Van Lopik, Detroit, Mich., Livingston, Ross & Miller and Winston L. Livingston, Detroit, Mich., on brief, for appellants.

Leonard Meldman, Detroit, Mich., Joseph S. Radom, Detroit, Mich., on brief, for appellees.

Peter A. Damman, General Counsel, David Ferber, Associate General Counsel, Allan Roth, Attorney, Washington, D. C., Thomas B. Hart, Regional Administrator, J. Kirk Windle, Attorney, Chicago, Ill., on brief, for S. E. C.

Before CECIL, Chief Judge, and WEICK and O'SULLIVAN, Circuit Judges.


WEICK, Circuit Judge.

This is one of an increasing number of cases coming before the courts involving the application and legal effect of an arbitration clause in a collective bargaining agreement. In the present case, the Union claims that the District Court should have surrendered, in favor of arbitration, its exclusive jurisdiction to determine claims of employees for vacation pay against the estate of a defunct debtor in reorganization proceedings.

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