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GRAHAM v. ACME MARKETS, INC.

No. 17173.

401 F.2d 539 (1968)

Thomas GRAHAM, Appellant, v. ACME MARKETS, INC., Food Employers Labor Relations, Inc., Highway Truck Drivers and Helpers Local 107, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America.

United States Court of Appeals Third Circuit.

Decided October 11, 1968.

Attorney(s) appearing for the Case

Edward B. Bergman, Solo, Abrams, Bergman, Trommer & Padova, Philadelphia, Pa., for appellant.

M. Kalman Gitomer, Blank, Rudenko, Klaus & Rome, Philadelphia, Pa., for appellees, Acme Markets, Inc., and Food Employers Labor Relations, Inc. (Marvin Comisky, Philip C. Patterson, Philadelphia, Pa., on the brief).

Before BIGGS, FREEDMAN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

We find ourselves unable to render a judgment on this appeal because of an insufficient record. The court below should have brought upon the record the award of the arbitrator and, under the circumstances at bar should, we think, have adjudicated the amended complaint which the plaintiff, the appellant, filed. See Rule 15(a), Fed.R.Civ.Proc., 28 U.S. C. Cf. Ginsburg v. Stern, 242 F.2d 379

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