In the Matter of the Arbitration Between International Longshoremen's Association, Afl-Cio v. Delta Steamship Lines, Inc.

VAN GRAAFEILAND, Circuit Judge.

The issue on this appeal from an order of the United States District Court for the Southern District of New York (Kram, J.) is whether the posture of the case before the district court was such that it warranted disposition by summary judgment. After reviewing an unsatisfactory twelve hundred page appendix spattered with mutually contradictory and conclusory affidavits, we conclude that it did not. Unlike the district court, we are not prepared to accept the affidavits submitted by the petitioner-appellee as statements of unassailed and unassailable fact,…