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ICE CREAM DRIVERS & EMPLOYEES U. LOCAL 757 v. BORDEN, INC.

Nos. 151-152, Dockets 35032, 35101.

433 F.2d 41 (1970)

ICE CREAM DRIVERS AND EMPLOYEES UNION LOCAL 757, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Plaintiff-Appellant-Appellee, v. BORDEN, INC., Defendant-Appellee-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 26, 1970.

Attorney(s) appearing for the Case

Robert Abelow, New York City (Weil, Gotshal & Manges, New York City and Carl A. Schwarz, Jr., New York City, of counsel), for defendant-appellee-appellant.

Samuel J. Cohen, New York City (Cohen & Weiss, New York City and Stanley M. Berman, New York City, of counsel), for plaintiff-appellant-appellee.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.

MOORE, Circuit Judge:

This is an appeal by defendant Borden, Inc. (Borden) from an order of the District Court directing the parties to proceed to arbitration. Plaintiff Ice Cream Drivers and Employees Union Local 757, 312 F.Supp. 549 ("the Union") cross appeals from the portion of the order which defined the issue to be arbitrated.

Borden's appeal is based primarily upon its contentions that (1) there were issues of fact...

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