Cahn v. INTERNATIONAL LADIES'GARMENT UNION
| Decision Date | 01 October 1962 |
| Docket Number | No. 14020.,14020. |
| Citation | 311 F.2d 113 |
| Parties | Mac J. CAHN and Sidney L. Schiro d/b/a Fashionality Blouses, Appellants, v. INTERNATIONAL LADIES' GARMENT UNION, Philadelphia Dress Joint Board of the International Ladies' Garment Workers' Union, Fashion Apparel Manufacturers of Philadelphia, William Ross and G. Allan Dash, Jr., Appellees. |
| Court | U.S. Court of Appeals — Third Circuit |
George A. D'Angelo, Philadelphia, Pa. (Geoffrey J. Cunniff, Philadelphia, Pa., on the brief), for Mac J. Cahn and Sidney L. Schiro, d/b/a Fashionality Blouses, appellants.
Berthold W. Levy, Philadelphia, Pa. (Sterling, Magaziner, Stern & Levy, Philadelphia, Pa., on the brief), for G. Allan Dash, Jr., appellee.
Before McLAUGHLIN, KALODNER and GANEY, Circuit Judges.
Appellee was the validly appointed chairman of an arbitration between employer, Sidele Fashions, Inc., and the defendant, Joint Board of the International Ladies' Garment Workers' Union, concerning a dispute arising out of the contract between them. Plaintiffs-appellants were the principal stockholders and owners of Sidele Fashions, Inc. Sidele challenged the jurisdiction of the arbitrator and the union sued to compel arbitration. There was judgment for the union on the pleadings. The dispute was decided by the arbitrator and the union sued to confirm the award. The latter action is pending.
Plaintiffs then brought the present action. In it they assert that the defendants have engaged in an unlawful combination to restrain trade and create a monopoly among themselves in the manufacture, sale and distribution of ladies apparel in violation of the Sherman Act. Details of the alleged combination and conspiracy are stated including the following:
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...denied 498 U.S. 850 (1990).[296] . Id., 898 F.2d at 886.[297] . Id.[298] . Third Circuit: Cahn v. International Ladies’ Garment Union, 311 F.2d 113, 114–115, 51 L.R.R.M. 2186 (3d Cir. 1962) (per curiam). Fifth Circuit: Austin Municipal Securities v. National Association of Securities Dealer......