U.S. Court of Appeals for the Second Circuit, 1961

Drake Bakeries Incorporated v. Local 50, American Bakery & Confectionery Workers International, Afl-Cio

U.S. Court of Appeals for the Second Circuit · Decided September 12, 1961 · Lumbard, Clark, Waterman, Moore, Friendly, Smith

294 F.2d 399; 48 L.R.R.M. (BNA) 2987; 1961 U.S. App. LEXIS 3618 (Federal Reporter, Second Series)

Counsel

Weil, Gotshal & Manges, New York City (Robert Abelow, Milton Haselkom and Marshall C. Berger, New York City, on the brief), for plaintiff-appellant., O’Dwyer & Bemstien, New York City (Howard N. Meyer, New York City, on the brief), for defendant-appellee., Rubenstein & Rubenstein, New York City (Jerome S. Rubenstein, New York City, on the brief), for International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, UAW, AFL-CIO, amicus curias., Edward Maguire and Herman A. Gray, New York City, for New York State AFL-CIO, amicus curiae.

Cases that cite this one

15 later published cases cite this decision.

Joseph Walters v. Moore-Mccormack Lines, Inc. (2d Cir. 1963)
Steven M. Asherman v. Larry Meachum, Commissioner, Connecticut Department of Correction (2d Cir. 1992)
Farrand Optical Co., Inc. v. The United States of America (2d Cir. 1963)
Drake Bakeries Inc. v. Local 50, American Bakery & Confectionery Workers International (Supreme Court of the United States 1962)
The Yale & Towne Manufacturing Company v. Local Lodge No. 1717 (3d Cir. 1962)
Yale & Towne Manufacturing Co. v. Local Lodge No. 1717, International Ass'n of Machinists (3d Cir. 1962)
Baker v. Pataki (2d Cir. 1996)
Baker v. Pataki (2d Cir. 1996)
International Association Of Machinists And Aerospace Workers, Afl-Cio v. General Electric Company (2d Cir. 1969)
International Ass'n of Machinists & Aerospace Workers v. General Electric Co. (2d Cir. 1969)
Jefferson City Cabinet Co. v. International Union Of Electrical, Radio And Machine Workers (6th Cir. 1963)
E. T. Simonds Construction Company v. Local 1330 Of International Hod Carriers (7th Cir. 1963)
Jefferson City Cabinet Co. v. International Union of Electrical, Radio & Machine Workers (6th Cir. 1963)
E. T. Simonds Construction Co. v. Local 1330 of International Hod Carriers, Building & Common Laborers Union (7th Cir. 1963)
Philadelphia Photo-Engravers' Union No. 7 v. Parade Publications, Inc. (District Court, E.D. Pennsylvania 1962)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This case was submitted to and considered by the active judges of this court after a majority of them had voted to grant the appellee’s motion for rehearing in banc. Judges Clark, Waterman and Smith vote to affirm the order of the District Court for the Southern District of New York, reported at 196 F.Supp. 148. They point to the three recent decisions of the Supreme Court in United Steelworkers of America v. Warrior & Gulf Navigation Co., 1960, 363 U.S. 574, 80 S.Ct. 1347, 4 L.Ed.2d 1409; United Steelworkers of America v. American Mfg. Co., 1960, 363 U.S. 564, 80 S.Ct. 1343, 4 L.Ed.2d 1403; and United Steelworkers of America v. Enterprise Wheel & Car Corp., 1960, 363 U.S. 593, 80 S.Ct. 1358, 4 L.Ed.2d 1424. Judges Lumbard, Moore and Friendly, not considering these decisions to be controlling, agree with the views of a panel of this court as expressed in an opinion written by Judge Swan and reported at 2 Cir., 1961, 287 F.2d 155 which reversed the order of the District Court.

Four judges are of the view that under such circumstances the order of the District Court is affirmed. Judges Lumbard and Friendly dissent and are of the opinion that under such circumstances the opinion of a panel of this court, reported at 287 F.2d 155, remains in effect and should not be withdrawn.

Accordingly the opinion reported at 287 F.2d 155 is withdrawn and the order of the District Court is affirmed.

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