Legal Opinion
In Re the Arbitration Between Hall & Sperry Gyroscope Co. Division of Sperry Rand Corp.
District Court, S.D. New York
Decided May 16, 1960PublishedCited by 17 opinions
1Opinion of the Court
THOMAS F. MURPHY, District Judge.
Sperry moves to remand this proceeding to the Supreme Court of New York from whence it was removed by the Engineers Association. It urges two grounds, (1) that this court lacks original jurisdiction of its motion to stay arbitration made in the State Court and (2), the Association having instituted the arbitration proceeding, it is the “plaintiff” and since a plaintiff cannot remove actions to the federal courts the removal was improper.
There is no dispute as to the facts. Both litigants are parties to a collective bargaining agreement, one paragraph of which…
2Cases cited7 opinions
- Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
- Minkoff v. Budget Dress CorporationDistrict Court, S.D. New York · 1960
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- The Black-Clawson Company, Inc., Paper MacHine Division v. International Association of MacHinists Lodge 355, District 137, and Theodore A. BestCourt of Appeals for the Second Circuit · 1962
- Roadway Express, Inc. v. General Teamsters, Chauffeurs and Helpers Union, Local 249Court of Appeals for the Third Circuit · 1964
- In Re the Arbitration Between Victorias Milling Co. & Hugo Neu Corp.District Court, S.D. New York · 1961
- Sears Roebuck and Company v. Glenwal CompanyDistrict Court, S.D. New York · 1970
- In Re the Arbitration of Controversies Between Old Dutch Farms, Inc. & Milk Drivers & Dairy Employees Union Local 584District Court, E.D. New York · 1963
12 more not listed; retrieve them via the Exa API.