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PEERLESS IMPORTERS, INC. v. WINE, LIQUOR & DISTILLERY WORKERS UNION LOCAL ONE

No. 509, Docket 89-7485.

903 F.2d 924 (1990)

PEERLESS IMPORTERS, INC., Petitioner-Appellant, v. WINE, LIQUOR & DISTILLERY WORKERS UNION LOCAL ONE, Respondent-Appellee, John Schumacher, Intervenor.

United States Court of Appeals, Second Circuit.

Decided May 21, 1990.

Attorney(s) appearing for the Case

Carter K. Combe (Allen B. Roberts, Roberts & Finger, New York City, on the brief), for petitioner-appellant.

J. Warren Mangan, (Victor Feingold, New Rochelle, N.Y., O'Connor & Mangan, Long Island City, N.Y., on the brief), for respondent-appellee and intervenor.

Before NEWMAN and ALTIMARI, Circuit Judges, and CONBOY, District Judge.

JON O. NEWMAN, Circuit Judge:

This appeal concerns two issues: (1) whether a new collective bargaining agreement providing for arbitration applies to a claim for reinstatement by an employee discharged prior to the new agreement, and (2) whether a court or an arbitrator should determine the validity of the settlement of a labor dispute where the parties' agreement to arbitrate covers only that one dispute. Peerless Importers, Inc. ("Peerless") appeals from the April...

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