Opinion
Nos. 5888, 5994.
April 30, 1937.
Appeal from the District Court of the United States for the Northern District of Illinois, Eastern Division.
Appeal from the District Court of the United States for the Eastern District of Illinois.
Suits in equity by the Bendix Products Corporation against L.W. Beman, individually and as Regional Director of the National Labor Relations Board for the Thirteenth Region, and others, and by the Weil-Kalter Manufacturing Company against David Shaw and another. From a decree granting injunctive relief in the first suit ( 14 F. Supp. 58) defendants in that suit appeal, and from a decree granting injunctive relief in the second suit, defendants in that suit appeal.
Decrees reversed, and causes remanded, with directions.
Charles Fahy, Gen. Counsel, National Labor Relations Board, of Washington, D.C., Robert B. Watts, Associate Gen. Counsel, of New York City, and Philip Levy and Jerome I. Macht, both of Washington, D.C., for appellants.
Edwin H. Cassels and Robert B. Johnstone, both of Chicago, Ill., for appellee Bendix Products Corporation.
Ralph F. Lesemann, of East St. Louis, Ill., for appellee Weil-Kalter Mfg. Co.
Before SPARKS, Circuit Judge, and LINDLEY and BRIGGLE, District Judges.
Each of the above appeals is from a decree of the District Court, granting injunctive relief against proceedings by the National Labor Relations Board under authority of the National Labor Relations Act ( 49 Stat. 449, 29 U.S.C.A. § 151 et seq.). The questions involved are not substantially different from those considered by this court in Clark, et al. v. Lindemann Hoverson Co. (and other cases), 88 F.2d 59, in which this court held that plaintiffs had an adequate remedy for the asserted injuries without invoking the equitable jurisdiction of the court. Those decisions require a reversal of each of the decrees here.
Since those decisions and since the argument in the instant cases, the Supreme Court has held the National Labor Relations Act valid in the following cases: National Labor Relations Board v. Jones Laughlin Steel Corp., 57 S.Ct. 615, 81 L.Ed. ___; National Labor Relations Board v. Fruehauf Trailer Co., 57 S.Ct. 642, 81 L.Ed. ___; National Labor Relations Board v. Friedman-Harry Marks Clothing Co., 57 S.Ct. 645, 81 L.Ed. ___; Associated Press v. N.L.R. Board, 57 S.Ct. 650, 81 L.Ed. ___; Washington, Virginia Md. Coach Co. v. N.L.R. Board, 57 S.Ct. 648, 81 L.Ed. ___; all decided April 12, 1937.
The decrees are reversed, and the causes remanded to the District Court with directions to dissolve the temporary injunctions and dismiss the bills.