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CENTRAL AVIATION & MARINE CORP. v. INTERNATIONAL UNION

No. 374, Docket 28128.

319 F.2d 589 (1963)

CENTRAL AVIATION & MARINE CORPORATION, Petitioner-Appellee, v. INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW) AFL-CIO and its Local 365, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided June 24, 1963.

Attorney(s) appearing for the Case

Jerome S. Rubenstein, of Rubenstein, Droisen & Rubenstein, New York City (Benjamin Rubenstein and Richard E. Miller, of Rubenstein, Droisen & Rubenstein, New York City, on the brief), for respondent-appellant.

Peter F. Hunt, New York City (Frederic A. Johnson, New York City, on the brief), for petitioner-appellee.

Before LUMBARD, Chief Judge, CLARK, Circuit Judge, and BARTELS, District Judge.

PER CURIAM.

Central Aviation & Marine Corporation, the petitioner-employer here, made an application to the Supreme Court of New York for a stay of arbitration pending trial of the issue of the existence of an agreement to arbitrate. The respondent Union removed this proceeding to the court below, and then by cross-petition sought an order compelling arbitration of the matters in dispute between the parties. After a hearing Judge Bruchhausen held that no collective...

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