O'CONNELL ET AL.
v.
MANNING ET AL.

U.S. | 1965-05-17
No. 454
Mr. Justice Goldberg took no part in the consideration or decision of these cases.
381 U.S. 277 Supreme Court of the United States (1965) Caution
Cited by 6 cases

Per_curiam
Per Curiam.

Per Curiam.

The motions of the petitioners to vacate are granted. The judgment of the United States Court of Appeals for the Second Circuit is vacated and the cases a?e remanded to the United States District Court for the Southern District of New York with directions to dismiss the complaint as moot.

Mr. Justice Goldberg took no part in the consideration or decision of these cases.


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  • Johnson v. Artim Transp. Sys., Inc., 826 F.2d 538 (7th Cir. 1987)
    …ng findings of fact and that the judge rejected conflicting testimony as unreliable. NLRB v. Alterman Transport Lines, 587 F. 2d 212, 216 n. 2 (5th Cir.1979); Ruby v. American Airlines, Inc., 329 F. 2d 11, 14 (2d Cir.1964), vacated on other grounds, 381 U.S. 277, 85 S.Ct. 1456, 14 L.Ed.2d 430 (1965). The judge justifiably could have determined that Johnson’s testimony was unreliable or not probative. Regarding Johnson’s alleged conversations with Porter, Porter denied at trial having had any such conversa…
  • …suggest that this somehow affects the scope of our review. We do not consider the making of such detailed findings necessary or desirable in every case. See Ruby v. American Airlines, Inc., 2 Cir., 1964, 329 F. 2d 11, vacated on other grounds, 1965, 381 U.S. 277, 85 S.Ct. 1456, 14 L.Ed.2d 430. The Master made specific findings on the factual issues he thought dispositive, and other of his findings may be inferred from his conclusions. . We defer discussion of our reasons for rejecting the Master’s finding…
  • …esent. The second Ruby case makes clear that even if two unions are on the scene, such claims may be heard by the courts in certain circumstances. Ruby v. American Airlines, 329 F. 2d 11 (2d Cir. 1964), vacated as moot sub nom. O’Connell v. Manning, 381 U.S. 277, 85 S.Ct. 1456, 14 L.Ed.2d 430 (1965). But in that case, the issue was whether a court could order an employer to bargain with a union (the one most recently certified by the National Mediation Board); and that issue had been heard by no other cou…

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