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MATTER OF MACKEY

No. 80 Civ. 7089.

509 F.Supp. 1046 (1981)

In the Matter of the Application of Robert MACKEY, Petitioner, For a Judgment Pursuant to Article 75 of the Civil Practice Law and Rules, v. JAMES SEEMAN STUDIOS, INC., a wholly owned subsidiary of the Masonite Corp., Respondent.

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

March 11, 1981.

Attorney(s) appearing for the Case

Jack B. Solerwitz, Mineola, N. Y., by Alan Wolin, Mineola, for plaintiff.

Sullivan & Cromwell by William Ziegler, New York City, for defendant.

MEMORANDUM OPINION

EDWARD WEINFELD, District Judge.

Petitioner Robert Mackey and another employee, Carpenter, members of the same union, were involved in fisticuffs and were thereupon discharged by their employer, respondent James Seeman Studios, Inc. As a result, the union filed separate grievances as provided in the collective bargaining agreement for each employee, and separate arbitrations ensued. The issue before the arbitrator designated to hear petitioner...

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