Opinion · Court of Appeals for the Fourth Circuit
Newport News Shipbuilding & Dry Dock Co. v. Schauffler
Newport News Shipbuilding & Dry Dock Co. v. Schauffler, 91 F.2d 730 (4th Cir. 1937)
- Type
- Opinion
- Court
- Court of Appeals for the Fourth Circuit
- Jurisdiction
- Federal
- Date
- 1937-08-02
- Topic
- general
PER CURIAM. This is an appeal from a decree denying an application for a preliminary injunction and dismissing a bill of complaint which asked that the appellees be enjoined from proceeding to hear and pass upon a complaint filed with the Board charging the Newport News Shipbuilding & Dry Dock Company with violations of the National Labor Relations Act (29 U.S.C.A. § 151 et seq.). Upon motion made before this court for a restraining order pending appeal, the merits of the appeal have been fully argued and the cause submitted for final determination as to the correctness of the decree appealed from. Without expressing any opinion whatever on any aspect of the controversy pending before the Board, we are of opinion that the action of the court below was correct. Plaintiff has an adequate remedy under the statute and may not apply for relief in equity until it has exhausted the administrative remedy there provided.
Citator
UpLaw has not yet analyzed Newport News Shipbuilding & Dry Dock Co. v. Schauffler. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 9 opinions
NEWPORT NEWS SB. DRY DOCK v. SCHAUFFLER,91 F.2d 730(4th Cir. 1937)
NEWPORT NEWS SHIPBUILDING DRY DOCK CO. v. SCHAUFFLER et al.
Circuit Court of Appeals, Fourth Circuit.
Appeal from the District Court of the United States for the Eastern District ofPage 731Virginia, at Norfolk; Luther B. Way, Judge.
Suit by the Newport News Shipbuilding Dry Dock Company, a corporation, against Bennet F. Schauffler, individually and as Regional Director for the Fifth Region, National Labor Relations Board, and as the National Labor Relations Board, and others. From the decree, the plaintiff appeals.
Affirmed.
Fred H. Skinner, of Newport News, Va., and H.H. Rumble, of Norfolk, Va. (John Marshall, of Washington, D.C., on the brief), for appellant.
Malcolm F. Halliday, Atty., National Labor Relations Board, of Washington, D.C., for appellees.
Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.
PER CURIAM.
This is an appeal from a decree denying an application for a preliminary injunction and dismissing a bill of complaint which asked that the appellees be enjoined from proceeding to hear and pass upon a complaint filed with the Board charging the Newport News Shipbuilding Dry Dock Company with violations of the National Labor Relations Act (29 U.S.C.A. § 151et seq.). Upon motion made before this court for a restraining order pending appeal, the merits of the appeal have been fully argued and the cause submitted for final determination as to the correctness of the decree appealed from. Without expressing any opinion whatever on any aspect of the controversy pending before the Board, we are of opinion that the action of the court below was correct. Plaintiff has an adequate remedy under the statute and may not apply for relief in equity until it has exhausted the administrative remedy there provided. The matter has been so fully considered in other circuits as not to require further discussion. See particularly Pratt v. Oberman Co. (C.C.A.8th)89 F.2d 786; Beman v. Bendix Products Corp. (C.C.A.7th)89 F.2d 661; Clark v. Lindemann Hoverson Co. (C.C.A.7th)88 F.2d 59; Elliott v. El Paso Electric Co. (C.C.A.5th)88 F.2d 505; Heller Bros. Co. v. Lind,66 App.D.C. 306,86 F.2d 862; E.I. Dupont De Nemours Co. v. Boland (C.C.A.2d85 F.2d 12; Precision Castings Co. v. Boland (C.C.A.2d85 F.2d 15; Alexander Smith Sons Carpet Co. v. Herrick (C.C.A.2d85 F.2d 16; Bradley Lumber Co. v. National Labor Relations Board (C.C.A.5th)84 F.2d 97. Contra Myers v. Bethlehem Shipbuilding Corp. (C.C.A.1st)88 F.2d 154,156.
The application for restraining order pending appeal will be denied and the decree dismissing the bill of complaint will be affirmed.
Affirmed.Page 819