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International Association of MacHinists Afl-Cio, by William L. Rooney, Trustee Ad Litem v. Crown Cork and Seal Company, Inc.

INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL-CIO, by William L. Rooney, Trustee Ad Litem, v. CROWN CORK AND SEAL COMPANY, Inc., Appellant

Int'l Ass'n of MacHinists Afl-Cio, by William L. Rooney v. Crown Cork, 300 F.2d 127 (3d Cir. 1962)
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Court
Court of Appeals for the Third Circuit · U.S. Courts of Appeals
Decided
March 9, 1962
Docket
No. 13770
Judges
Staley, Hastie, Smith
Citations
300 F.2d 12749 L.R.R.M. (BNA) 3043

Opinion — Per Curiam

PER CURIAM.

An arbitrator found that the company breached its collective bargaining agreement with the union. In his award, however, the arbitrator failed to make an express disposition of the question of damages which also had been submitted to him. The district court, upon the complaint of the union, returned the issue of damages to the arbitrator for resolution. We think the action of the district court proper.

A reading of the arbitrator’s opinion makes it clear that he failed to pass on the damages question. If, as the company contends, this failure is considered an indication that the arbitrator thought damages improper, the district court’s action in returning it to him for clarification nonetheless must be affirmed in light of the Supreme Court’s holding in United Steelworkers of America v. Enterprise Wheel & Car Corp., 363 U.S. 593 , 80 S.Ct. 1358 , 4 L.Ed.2d 1424 (1960). Our action, of course, should not be viewed as an expression of opinion on the merits of the union’s claim. Yale & Towne Mfg. Co. v. Local 1717, 299 F.2d 882 (C.A.3, 1962).

The order of the district court will be affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 20 cases

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1963: 11964: 11965: 11966: 11967: 21968: 21972: 11973: 21974: 11976: 11978: 21979: 11981: 21985: 12018: 119632026peak 1967 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
United Steelworkers v. Enter. Wheel & Car Corp., 363 U.S. 593 (1960) 3,793

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