Legal Opinion

Forman Food Service Corp. v. Provision Salesmen & Distributors Union Local 627

District Court, S.D. New York

Decided October 8, 1975No. 75 Civ. 3605PublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

This is an action for a declaratory judgment and a preliminary injunction. Jurisdiction is premised upon Section 302(e) of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 186(e).

At a hearing held before me both sides conceded that no issues of fact exist and plaintiff orally moved for summary judgment. All that remains are questions of law which have been thoroughly briefed by the parties. Although I find that summary judgment is appropriate, it is the defendants who are entitled to this relief.

The absence of a formal cross motion…

2Cases cited5 opinions

  1. Kern County Land Co. v. Occidental Petroleum Corp.Supreme Court of the United States · 1973
  2. Abrams v. Occidental Petroleum Corp.Court of Appeals for the Second Circuit · 1971
  3. Upholsterers' International Union of North America v. Leathercraft Furniture Co.District Court, E.D. Pennsylvania · 1949
  4. Traffic Telephone Workers' Federation v. DriscollDistrict Court, D. New Jersey · 1947
  5. Fur Dressers Union, Local No. 2 v. Fur Dressers Guild, Inc.District Court, S.D. New York · 1949

3Cited by1 opinion

  1. Master Insulators of St. Louis v. International Association of Heat and Frost Insulators and Asbestos Workers, Local No. 1Court of Appeals for the Eighth Circuit · 1991

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