Legal Opinion

Drake Bakeries Inc. v. Local 50, American Bakery & Confectionery Workers International

District Court, S.D. New York

Decided May 4, 1960PublishedCited by 1 opinion

1Opinion of the Court

RYAN, Chief Judge.

On January 4,1960, the plaintiff Drake Bakeries, Incorporated, instituted this suit to recover damages for an alleged breach of the “no-strike provision” of a collective bargaining agreement, pursuant to Section 301(a) of the Labor-Management Relations Act, 29 U.S.C.A. § 185.

Prior to interposing an answer to the complaint, defendant moves this Court, under Section 3 of the United States Arbitration Act, 9 U.S.C.A. § 3, for a stay of trial pending an arbitration proceeding in accordance with the terms of the collective bargaining agreement. That the Court has jurisdiction and…

2Cases cited4 opinions

  1. Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
  2. Signal-Stat Corporation, Plaintiff-Respondent v. Local 475, United Electrical, Radio and MacHine Workers of America (Ue)Court of Appeals for the Second Circuit · 1956
  3. Markel Electric Products, Inc. v. United Electrical, Radio & MacHine Workers of America, U.E.Court of Appeals for the Second Circuit · 1953
  4. Lewittes & Sons v. United Furniture Workers of AmericaDistrict Court, S.D. New York · 1951

3Cited by1 opinion

  1. Drake Bakeries Incorporated v. Local 50, American Bakery & Confectionery Workers International, Afl-CioCourt of Appeals for the Second Circuit · 1961

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