CAPITAL DIST. CHAPTER v. INT. BROTH. OF PAINTERS

No. 1128, Docket 84-7092.

743 F.2d 142 (1984)

CAPITAL DISTRICT CHAPTER OF NEW YORK STATE, P.D.C.A., and the Management Trustees of the Capital District Painters Pension Fund, Plaintiffs-Appellants, v. INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES, LOCAL UNION NOS. 201, 12 AND 622, and the Union Trustees of the Capital District Painters Pension Fund, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 31, 1984.


Attorney(s) appearing for the Case

Daniel J. Smitas, Albany, N.Y., for plaintiffs-appellants.

William Pozefsky, Albany, N.Y. (Pozefsky, Pozefsky & Bramley, Albany, N.Y., of counsel), for defendants-appellees.

Before OAKES, VAN GRAAFEILAND and PIERCE, Circuit Judges.


PIERCE, Circuit Judge:

Appellants Capital District Chapter of New York State, P.D.C.A. ("Capital District") and the Management Trustees of the Capital District Painters Pension Fund appeal from a memorandum decision and order, and a judgment issued thereon entered January 3, 1984, of the United States District Court for the Northern District of New York, Roger J. Miner, Judge, converting, sua sponte, appellants' request to stay arbitration into a motion...

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