Owens-illinois, Inc., Plaintiff-appellee, v. District 65, Retail, Wholesale and Department Store Union Afl-cio, Defendant-appellant, 393 F.2d 932 (2d Cir. 1968)
Annotate this CaseDecided May 2, 1968
Plaintiff-appellee brought its action in the United States District Court for the Southern District of New York, for a declaratory judgment permanently staying an arbitration which had been demanded against it by defendant-appellant. Plaintiff and defendant cross-moved for summary judgment. Plaintiff-appellee's motion to restrain permanently an arbitration proceeding was granted and defendant-appellant's motion to dismiss the action was denied. Defendant-appellant appeals.
Emanuel Dannett, New York City, Fred E. Fuller, Richard S. Baker, Toledo, Ohio, Jacob Silverman, New York City, Fuller, Seney, Henry & Hodge, Toledo, Ohio, McGoldrick, Dannett, Horowitz & Golub, New York City, for plaintiff-appellee.
Eugene G. Eisner, New York City, for defendant-appellant.
Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.
PER CURIAM:
We affirm in open court the judgment below upon the opinion of Judge McLean, reported at 276 F. Supp. 740 (S.D.N.Y. 1967).
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