Legal Opinion
Storck Baking Co. v. Bakers Local 57
District Court, S.D. West Virginia
Decided March 25, 1994No. Civ. A. No. 6:94-0136PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HADEN, Chief Judge.
Pending is defendant’s affidavit for attorney fees, filed March 8, 1994. Plaintiff filed a response on March 21, 1994, opposing an award of fees. Plaintiffs complaint in this action alleged a procedural defect in the submission of a grievance to arbitration, and sought a permanent injunction to restrain arbitration.1 After a hearing on February 28, 1994, the Court dismissed this case, noting it is well-settled that issues of procedural arbitrability are to be resolved by the arbitrator, John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543, 557-58,…
2Cases cited4 opinions
- John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
- United Food and Commercial Workers, Local 400 v. Marval Poultry Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1989
- Little Six Corporation v. United Mine Workers of America, Local Union No. 8332Court of Appeals for the Fourth Circuit · 1983
- United Paperworkers International Union & Its Local 340 v. Boise Cascade Corp.District Court, D. Vermont · 1991
3Cited by1 opinion
- Capitol Cement Corp. v. Cement, Lime, Gypsum, & Allied Workers Division of International Brotherhood of BoilermakersDistrict Court, N.D. West Virginia · 1998