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OWENS-ILLINOIS, INC. v. DISTRICT 65, RETAIL, WHOLE. & DEPT. ST. U.

No. 66 Civ. 2213.

276 F.Supp. 740 (1967)

OWENS-ILLINOIS, INC., Plaintiff, v. DISTRICT 65, RETAIL, WHOLESALE AND DEPARTMENT STORE UNION, AFL-CIO, Defendant.

United States District Court S. D. New York.

June 5, 1967.

Attorney(s) appearing for the Case

McGoldrick, Dannett, Horowitz & Golub, New York City, Fuller, Seney, Henry & Hodge, Toledo, Ohio, for plaintiff; Emanuel Dannett, New York City, Richard S. Baker, Toledo, Ohio, Jacob Silverman, New York City, Fred E. Fuller, Toledo, Ohio, of counsel.

Eugene G. Eisner, New York City, for defendant.

OPINION

McLEAN, District Judge.

This is an action under Section 301 of the Labor Management Relations Act (29 U.S.C. § 185) by an employer against a union for a declaratory judgment and an injunction restraining defendant from proceeding to arbitrate against plaintiff under a collective bargaining agreement between defendant and Atlantic Container Corporation (Atlantic). Both sides move for summary judgment. There is no dispute as to any material fact...

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