PENNSYLVANIA RAILROAD COMPANY
v.
TRANSPORT WORKERS UNION OF AMERICA, C.I.O., ET AL., APPELLANTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the district court's preliminary injunction order was not improper and the application to vacate it was premature.
Appellants sought to have a preliminary injunction vacated, arguing the district judge exceeded his jurisdiction by not specifying a date for its term…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Final Hearing cases and more on FLexlaw
PER CURIAM.
The May 28, 1960 order of the district-court allowed a preliminary injunction “until final hearing and judgment, or until further order of this court (defendants, upon good cause shown, may apply for and obtain a modification of this order).”
Appellants argue at length in their brief that the district judge, in refusing to specifically state in his order that the' injunction would be vacated on July 19,. I960,1 exceeded his jurisdiction.
The above quoted language is the customary phrasing of this type of order. There is nothing improper about it. Nor does it present warrant for any inference' that the district judge will not deal with this matter in accordance with his duty as the occasion arises. The application was plainly premature. Inter alia, as was vividly developed at oral argument, there is nothing to prevent appellants, from immediately taking steps to proceed to final hearing and judgment.
The order of the district court will be affirmed.
. The original expiration date as to the procedures outlined by the Railway Labor Board. On June 24, 1960 at the oral argument of this appeal it appeared that the said date had already been extended five days to July 24,1960.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
NEW York v. Brotherhood OF Locomotive Firemen AND Enginemen, 358 F.2d 464 (6th Cir. 1966)