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DISTRICT 2, MARINE ENG. BEN. ASS'N v. FALCON CARRIERS, INC.

No. 74 Civ. 1452 (JMC).

374 F.Supp. 1342 (1974)

DISTRICT 2, MARINE ENGINEERS BENEFICIAL ASSOCIATION, AFL-CIO and Associated Maritime Officers, a Division of District 2, Marine Engineers Beneficial Association AFL-CIO, Plaintiffs, v. FALCON CARRIERS, INC., Defendant.

United States District Court, S. D. New York.

April 22, 1974.

Attorney(s) appearing for the Case

Joel C. Glanstein, New York City (Markowitz & Glanstein, New York City, of counsel), for plaintiffs.

Daniel J. Sullivan, New York City (Edwin E. McAmis, Lynn E. Cummingham and Martin S. Kaufman, Lovejoy, Wasson, Lundgren & Ashton, New York City, of counsel), for defendant.

OPINION AND ORDER

CANNELLA, District Judge.

Defendant, by order to show cause, has applied for an order permanently staying arbitration on the issue of the existence and effect of an alleged oral "side agreement", and has further moved for an order, pursuant to Fed.R. Civ.P. 56(b), directing the entry of summary judgment in its favor dismissing plaintiff's claim to arbitrate this issue. The application for a permanent stay of arbitration is granted and the...

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