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MONROE SANDER CORPORATION v. LIVINGSTON

Nos. 352, 353, Dockets 31025, 31026.

377 F.2d 6 (1967)

The MONROE SANDER CORPORATION, Plaintiff-Appellant, v. David LIVINGSTON, individually and as the President of District 65, Retail, Wholesale and Department Store Union, AFL-CIO, Defendant-Appellee. LACQUER SPECIALTIES, INC., Plaintiff-Appellant, v. David LIVINGSTON, individually and as the President of District 65, Retail, Wholesale and Department Store Union, AFL-CIO, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 3, 1967.

Attorney(s) appearing for the Case

Irwin M. Rosenthal, New York City (Edward L. Skolnik, Stephen Lowey and Weiss, Bronston & Rosenthal, New York City, on the brief), for plaintiff-appellant Monroe Sander Corp.

George Moskowitz, New York City (Kirschenbaum, Moskowitz & Shapiro, New York City, on the brief), for plaintiff-appellant Lacquer Specialties, Inc.

Eugene G. Eisner, New York City, for defendant-appellee.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

The Monroe Sander Corporation and Lacquer Specialties, Incorporated brought actions under § 301 of the Labor-Management Relations Act, 61 Stat. 156 (1947), 29 U.S.C. § 185, and the Declaratory Judgment Act, 28 U.S.C. §§ 2201-02, which sought to stay permanently arbitration proceedings which had been demanded by District 65, Retail, Wholesale and Department Store Union, AFL-CIO. The United States District Court for...

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