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Construction Laborers Vs. Curry
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- US Supreme Court
- Jan 21, 1963
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U.S. 542 (1963) U.S. Supreme Court Construction Laborers v. CurrySearch
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U.S. 542 (1963) Local No. 438, Construction & General Laborers' Union, AFL-CIO v. CurrySearch
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that Page 371 U. S. 543 appellate consideration be deferred until the whole case is adjudicated. Cohen v. BeneficialSearch
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Pp. 371 U. S. 550 -551. (d) Montgomery Building Trades Council v. LedbetterSearch
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lay within the exclusive powers of the Page 371 U. S. 547 National Labor Relations Board. Plumbers Union v. DoorSearch
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San Diego Council v. GarmonSearch
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Hotel Employees Union v. SaxSearch
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Weber v. Anheuser-BuschSearch
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Garner v. TeamstersSearch
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b). This precise contention has been previously considered and rejected by this Court. Local Union 429 v. FarnsworthSearch
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court has erroneously decided a matter of federal law in a case admittedly within its jurisdiction (compare Gibbons v. OgdenSearch
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it the question of whether federal or state law governs a case properly before the Georgia courts. Compare Local 174 v. LucasSearch
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The jurisdictional determination here is as final and reviewable as was the District Court's decision in Cohen v. BeneficialSearch
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Id. at 337 U. S. 546 . And in Radio Station WOW v. JohnsonSearch
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by the judgment below, Page 371 U. S. 550 and is not subject to further review in the state courts. Lankford v. MilhollinSearch
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Smoot v. AlexanderSearch
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Dixon v. FederalSearch
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Blackwell v. SouthlandSearch
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courts. There is another entirely adequate reason for sustaining our authority to review in this case. In Pope v. AtlanticSearch
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Court looked to the whole record, as we are entitled to do in determining questions of finality, Department of Banking v. PinkSearch
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Gospel Army v. LosSearch
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Richfield Oil Corp. v. StateSearch
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the employee freely conceded he had no further defenses to offer in the state courts, relying upon Richfield Oil Corp. v. StateSearch
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and within the scope of the Pope and Richfield cases. Cf. Clark v. WilliardSearch
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Page 371 U. S. 552 There remains the matter of Montgomery Building & Construction Trades Council v. LedbetterSearch
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upon interlocutory injunctions are not final judgments. Ledbetter, of course, was decided before Garner v. TeamstersSearch
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where the decision below did not have all of the traditional badges of finality. Cf. Republic Natural Gas Co. v. OklahomaSearch
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Ga. at 514, 123 S.E.2d at 655, quoting from Powers v. CoursonSearch
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See also Meat Cutters Local 427 v. FairlawnSearch
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Radio Union v. LaborSearch
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Labor Board v. LocalSearch
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and followed, older cases recognizing a judgment as final even though an accounting was still to take place. Forgay v. ConradSearch
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Carondelet Canal & Navigation Co. v. LouisianaSearch
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E.g., San Diego Council v. GarmonSearch
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today, none of this Court's decisions could be interpreted to suggest that a state court's determination as to state v. federalSearch
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when further proceedings on the merits were still pending. Indeed, Montgomery Building & Construction Trades Council v. LedbetterSearch
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effect of mooting the underlying dispute, thereby aborting any review of the jurisdictional issue. Neither Cohen v. BeneficialSearch
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Industrial Loan Corp., 337 U. S. 541 , nor Radio Station WOW, Inc. v. JohnsonSearch
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that the entire case must stand or fall on the federal claim now presented, the case is squarely governed by Pope v. AtlanticSearch
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My views in this area are more fully set forth in the dissenting opinion I have filed in Mercantile National Bank v. LangdeauSearch
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U.S. Supreme Court Construction Laborers v. CurrySearch
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Construction & General Laborers' Union, AFL-CIO v. CurrySearch
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Cohen v. BeneficialSearch
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Montgomery Building Trades Council v. LedbetterSearch
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National Labor Relations Board. Plumbers Union v. DoorSearch
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Radio Station WOW v. JohnsonSearch
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Lankford v. MilhollinSearch
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