HANA HEATING & A. C. CO., INC. v. SHEET METAL WKRS., LOC. U. 38

No. 74 Civ. 689.

378 F.Supp. 1001 (1974)

HANA HEATING AND AIR CONDITIONING CO., INC., Plaintiff, v. SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 38, Defendant.

United States District Court, S. D. New York.

July 29, 1974.


Attorney(s) appearing for the Case

Jackson, Lewis, Schnitzler & Krupman by Melvin S. Katzman, New York City, for plaintiff.

Delson & Gordon by William Basedow, New York City, for defendant.


MEMORANDUM AND ORDER

BRIEANT, District Judge.

Defendant [hereinafter "Local 38"] has moved pursuant to Rule 12(b)(6), F.R.Civ.P., for an order dismissing the complaint on the ground that the cause of action asserted therein has already been determined in an arbitration proceeding heretofore conducted between the parties. For the reasons set forth below, defendant's motion is granted.

On January 11, 1972 plaintiff [hereinafter "Hana"] contracted with...

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