The opinion of the court was delivered by: KRAFT
Before us presently in this declaratory judgment proceeding is the plaintiff's motion for a temporary injunction restraining defendant from proceeding with arbitration of a grievance, during the pendency of these proceedings. The material facts are undisputed. Accordingly, we make the following
1. This action was commenced by employer's petition praying for a declaratory judgment that two grievances (numbers IV and V), submitted by the defendant to American Arbitration Association, were not arbitrable under the terms of the currently effective labor contract between the employer-plaintiff and union-defendant.
2. Defendant was served with process on February 25, 1964. Thereafter it caused an appearance to be entered on its behalf and filed an answer to said petition.
3. The pleadings have been completed, and cross-depositions have been taken on behalf of both parties.
4. On March 26, 1964, plaintiff filed a motion for summary judgment.
5. On April 2, 1964, defendant filed a cross-motion for summary judgment.
6. The motions for summary judgment will, in all likelihood, be reached for argument about the middle of May, 1964.
7. Despite the pendency of these proceedings, defendant has insisted on proceeding to arbitration of the grievances here involved.
9. At the hearing before this Court on April 2, 1964, the parties expressly stipulated and agreed, inter alia, that defendant withdraw, for the present, arbitration on Grievance V, which was scheduled for April 15, 1964.
Section 1651(a) of 28 U.S.C. provides:
'The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and ...