IN THE MATTER OF BULLARD CONTRACTING CORP.

No. Civ-78-529.

464 F.Supp. 312 (1979)

In the Matter of the Application of BULLARD CONTRACTING CORPORATION, Petitioner-Respondent, For a Judgment Permanently Staying the Arbitration Commenced by Laborers' International Union of North America, Local Union No. 91, Respondent-Petitioner.

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

January 26, 1979.


Attorney(s) appearing for the Case

McGrath, Meyer, Lieberman & Lipp, P. C., Buffalo, N. Y. (Robert N. Convissar, Buffalo, N. Y., of counsel), for petitioner Bullard Contracting Corp.

Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y. (Richard Lipsitz, and Eugene W. Salisbury, Buffalo, N. Y., of counsel), for respondent-petitioner.


CURTIN, Chief Judge.

Bullard Contracting Corporation ["Bullard"], upon being advised of the pending arbitration of two grievances filed by Laborers' International Union of North America, Local Union No. 91 ["Local 91"], instituted a proceeding in New York State Supreme Court, Erie County, for a stay of that arbitration. Bullard's petition alleged that the subcontracting clause which Local 91 sought to enforce in the arbitration proceeding was illegal and, thus, unenforceable...

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