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PARK SOUTH HOTEL v. NEW YORK HOTEL TRADES COUNCIL

No. 915, Docket 82-7827.

705 F.2d 27 (1983)

PARK SOUTH HOTEL CORP., Petitioner-Appellee, v. NEW YORK HOTEL TRADES COUNCIL AND HOTEL ASSOCIATION OF NEW YORK CITY, INC. PENSION FUND and Pension Benefit Guaranty Corporation, Respondents, New York Hotel Trades Council and Hotel Association of New York City, Inc. Pension Fund, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 5, 1983.

Attorney(s) appearing for the Case

Michael Lesch, New York City (Christopher J. Sues, Adam B. Gilbert, Shea & Gould, New York City, on brief) for respondent-appellant.

Michael F. O'Toole, New York City (Matthew Silverman, Robinson, Silverman, Pearce, Aronsohn & Berman, New York City, on brief) for petitioner-appellee.

Before FEINBERG, Chief Judge, and CARDAMONE and PIERCE, Circuit Judges.

PER CURIAM:

Appellant appeals the grant of an order by the United States District Court for the Southern District of New York, John E. Sprizzo, Judge, staying arbitration before the permanent arbitrator named in a collective bargaining agreement. By an order issued concurrently the district court dismissed the petition on the ground that the court had disposed of the matters raised therein. We reverse and vacate the order of dismissal and remand to the district...

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