Legal Opinion

In Re the Arbitration Between Livingston & Gindoff Textile Corp.

District Court, S.D. New York

Decided January 5, 1961PublishedCited by 6 opinions

1Opinion of the Court

McGOHEY, District Judge.

The petitioner (hereafter “the Union”) seeks an order directing that Joseph Ber-3in & Co., Inc. (hereafter “Berlin”) be made a party respondent in the above-entitled arbitration proceeding.

Berlin opposes on two grounds; that at neither is nor ever was, a party to any contract with the Union; and that it never has consented to enter into any arbitration with the Union

The petition is denied.

Jurisdiction is invoked under section 301 of the Labor Management Relations Act 1 and the United States Arbitration Act. 2 The Union has not commenced Buit under the first statute. It…

2Cases cited3 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. Kulukundis Shipping Co. v. Amtorg Trading Corp.Court of Appeals for the Second Circuit · 1942
  3. Engineers Association v. Sperry Gyroscope Company, Division of Sperry Rand CorporationCourt of Appeals for the Second Circuit · 1957

3Cited by6 opinions

  1. In the Matter of David Livingston, as President of District 65, Retail, Wholesale and Department Store Union, Aflcio v. John Wiley & Sons, Inc.Court of Appeals for the Second Circuit · 1963
  2. Unimart v. Superior CourtCalifornia Court of Appeal · 1969
  3. In re the Arbitration between International Brotherhood of America & Castwell Foundry Corp.New York Supreme Court · 1962
  4. Las Vegas Local Joint Executive Board of Culinary Workers & Bartenders v. Las Vegas Hacienda, Inc.Court of Appeals for the Ninth Circuit · 1967
  5. In the Matter of David Livingston, as President of District 65, Retail, Wholesale and Department Store Union, Aflcio v. John Wiley & Sons, Inc.Court of Appeals for the Second Circuit · 1963

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