MATTER OF INDUSTRIAL UNION OF MARINE AND SHIPBUILDING, 301 N.Y. 616 (1950)

93 N.E.2d 913

In the Matter of the Arbitration between INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL 39, C.I.O., Appellant, and TODD SHIPYARDS CORPORATION, Respondent.

Court of Appeals of the State of New York.Argued May 29, 1950
Decided July 11, 1950

Appeal from the Supreme Court, Appellate Division, First Department, SCHREIBER, J.

Page 617

Samuel L. Rothbard, William Auerbach and Emil Oxfeld for appellant.

Harry G. Hill and Robert B. Lisle for respondent.

Order of Appellate Division reversed, without costs and matter remitted to the Appellate Division for consideration of the questions of discretion presented. (Civ. Prac. Act, § 1462; cf Matter of City of New York [Brooklyn-Battery Tunnel Plaza], 300 N.Y. 331, 333.) No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.

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