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L. O. KOVEN & BROTHER, INC. v. LOCAL U. NO. 5767, UNITED STEEL. OF AMERICA, AFL-CIO

No. 15917.

381 F.2d 196 (1967)

L. O. KOVEN & BROTHER, INC., a New Jersey Corporation v. LOCAL UNION NO. 5767, UNITED STEELWORKERS OF AMERICA, AFL-CIO, an Unincorporated Association, Appellant.

United States Court of Appeals Third Circuit.

Decided May 5, 1967.

As Corrected May 12, 1967.

Attorney(s) appearing for the Case

Abraham L. Friedman, Newark, N. J. (Rothbard, Harris & Oxfeld and Samuel L. Rothbard, Newark, N. J., on the brief), for appellant.

Laurence Reich, Newark, N. J. (Carpenter, Bennett & Morrissey and Thomas E. Walsh, Jr., Newark, N. J., on the brief), for appellee.

Before FORMAN, FREEDMAN, and SEITZ, Circuit Judges.

OPINION OF THE COURT

FORMAN, Circuit Judge.

This case involves the question of an employer's duty to arbitrate a grievance where the underlying claim is alleged to have been discharged by an order of confirmation entered in a proceeding under Chapter XI of the Bankruptcy Act1 and a general release executed by a union. It is here on appeal from an order of the United States District Court for the District of New Jersey, declaring...

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