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  5. 18 N.Y.2d 556 (1966)
 

MTR. OF BURT BLDG. MAT. CORP. (LOCAL 1205)

18 N.Y.2d 556 (1966)

In the Matter of the Arbitration between Burt Building Materials Corp. et al., Respondents, and Local 1205, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1966.

Attorney(s) appearing for the Case

Robert E. Scher and Sidney O. Raphael for appellant.

Joseph T. King for respondents.

Chief Judge DESMOND and Judges FULD, BURKE and KEATING concur with Judge BERGAN; Judge SCILEPPI dissents and votes to affirm in an opinion in which Judge VAN VOORHIS concurs.

BERGAN, J.

Respondent A. Raymond Burt, who had been engaged in the lumber business at Huntington, New York, under the name Burt Lumber Company, had a collective bargaining agreement with Local 1205, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. This was executed January 1, 1963 and by its terms expired June 30, 1964. Before the expiration of this contract Burt sold his...

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