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AMALGAMATED LOCAL UNION NO. 55 v. FIBRON PRODUCTS, INC.

Nos. 97-CV-150S(F), 97-CV-368S(F).

976 F.Supp. 192 (1997)

AMALGAMATED LOCAL UNION NUMBER 55, INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA RETIREMENT INCOME FUND, by its Trustees, Amalgamated Local Union Number 55, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America Welfare Fund, by its Trustees, Plaintiffs, v. FIBRON PRODUCTS, INC., Defendant. UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AMALGAMATED LOCAL UNION NO. 55, Petitioner, v. FIBRON PRODUCTS, INC., Respondent.

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

September 8, 1997.

Attorney(s) appearing for the Case

Duke, Holzman, Yeager & Radlin, Buffalo, NY (Howard E. Berger, of counsel), for Plaintiffs Retirement Income and Welfare Funds.

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Buffalo, NY (Richard Lipsitz, of counsel), for Petitioner Amalgamated Local Union No. 55.

Burd & McCarthy, Buffalo, NY (Timothy A. McCarthy, of counsel), for Respondent, Fibron Products, Inc.

DECISION and ORDER1

FOSCHIO, United States Magistrate Judge.

JURISDICTION

This case was referred to the undersigned on February 7, 1997 by the Hon. William M. Skretny for all pre-trial matters. It is currently before the court on Respondent's petition to remove and to consolidate (Case No. 97-CV-368S(F), Doc. # 1), filed May 5, 1997, and on Petitioner's motion to compel arbitration (Case No. 97-CV-368S...

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