NEWPORT NEWS SHIPBUILDING & DRY DOCK CO.
v.
SCHAUFFLER ET AL.
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. 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.2d) 85 F.(2d) 12; Precision Castings Co. v. Boland (C.C.A.2d) 85 F.(2d) 15; Alexander Smith & Sons Carpet Co. v. Herrick (C.C.A.2d) 85 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Myers v. Bethlehem Shipbuilding Corp., 303 U.S. 41 (U.S. 1938)
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Newport News Shipbuilding & DRY Dock Co. v. Schauffler, 303 U.S. 54 (U.S. 1938)
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Amazon Cotton Mill Co. (national Labor Relations Bd. v. Textile Workers Union of Am., 167 F.2d 183 (4th Cir. 1948)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bradley Lumber Co. of Ark. v. Nat'l Labor Relations Bd., 84 F.2d 97 (5th Cir. 1936)
- E. I. Dupont de Nemours & Co. v. Boland, 85 F.2d 12 (2d Cir. 1936)
- Myers v. Bethlehem Shipbuilding Corp., 88 F.2d 154 (1st Cir. 1937)
- Heller Bros. Co. v. Lind (D.D.C. 1936)
- Clark v. Lindemann & Hoverson Co., 88 F.2d 59 (7th Cir. 1937)
- Pratt v. Oberman & Co., Inc., 89 F.2d 786 (8th Cir. 1937)
- Precision Castings Co., Inc. v. Boland, 85 F.2d 15 (2d Cir. 1936)
- Alexander Smith & Sons Carpet Co. v. Herrick, 85 F.2d 16 (2d Cir. 1936)
- Elliott v. EL Paso Elec. Co., 88 F.2d 505 (5th Cir. 1937)
- Beman v. Bendix Prods. Corp., 89 F.2d 661 (7th Cir. 1937)