Berman v. Drake Motor Lines, Inc.

In this action the plaintiff seeks damages and injunctive relief for an alleged breach of contract arising out of the defendant’s termination of his employment. The plaintiff also seeks a determination by the court whether "a prior arbitration award denying a grievance brought by the plaintiff on the matter of his discharge was final and binding on the parties. A Superior Court judge granted summary judgment dismissing the action, and the plaintiff has appealed. The question presented is whether, provided the pleadings and affidavits disclose no genuine issue as to any material fact, the…