SWARTZ & FUNSTON, INC. v. BRICKLAYERS, MASONS AND PLASTERERS INTERNATIONAL UNION OF AMERICA

No. 14255.

319 F.2d 116 (1963)

SWARTZ & FUNSTON, INC., Appellant, v. BRICKLAYERS, MASONS AND PLASTERERS INTERNATIONAL UNION OF AMERICA, Bricklayers Union Local No. 7 of New Jersey, and Anthony Previtera.

United States Court of Appeals Third Circuit.

Decided June 27, 1963.


Attorney(s) appearing for the Case

Geoffrey J. Cunniff, Philadelphia, Pa., for appellant.

David Seliger, Camden, N. J. (Plone, Tomar, Parks & Seliger, Camden, N. J., on the brief), for appellees.

Before KALODNER, HASTIE and SMITH, Circuit Judges.


PER CURIAM.

This appeal has been taken from an order dismissing an employer's complaint seeking damages from a labor union because of certain allegedly unlawful work stoppages. In dismissing the complaint, the district court ruled that the subject matter of the complaint was arbitrable under a collective bargaining agreement of the parties.

We agree that the matter in controversy should first be submitted to arbitration. However, we cannot now determine whether...

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