Court : US Supreme Court
Decided on : Feb-23-1960
..... . 343. we do not intimate an opinion on the merits of this alternative theory of liability. the authorities we have cited merely indicate the range of inquiry which the petition of the board presented. discovery is useful in determining what the facts are. it is, indeed, necessary to determine whether the decree of ..... proceeded on the assumption that discovery would reveal facts requiring payment of artware's backpay debt by the companies affiliated with it. discovery was denied (one judge dissenting). 251 f.2d 183. the court's ground for denying discovery was, surprisingly enough, that the board should first test the legal sufficiency of a ..... the employer's conduct constituted an unfair labor practice. the separation of that finding from the determination of amounts being an eminently reasonable method for administering the act, it is irrelevant that as yet undetermined matters subsequent to the discriminatory discharge may, in fact, disentitle some or all of the employees to receive payment .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-16-1960
..... 9, 10, or 11 may be enforced by injunction. (emphasis added.) the government relies heavily on the fact that the comparable provision in 10 of the 1890 act authorized injunctive relief against "any unlawful obstruction." a closer examination of that section, however, undermines the government's conclusion. it authorized criminal penalties in two instances: ..... , vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections thirteen, fourteen, and fifteen of this act shall be liable for the pecuniary penalties specified in this section, ..... the manner contemplated in section fifteen of this act, shall be deemed guilty of a violation of this act, and shall upon conviction be punished as hereinbefore provided in this section, and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. and any boat .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1960
..... , see note 3 ante, and we think it should so be taken. as to the reference to "oral examination," we are in agreement with the explanation offered by judge rifkind in mulligan v. united states, 87 f.supp. 79, 81, that it comprehends only those forms of oral examinations traditionally recognized in admiralty, primarily the deposition de ..... on the decision of the court of appeals for the third circuit in dowling v. isthmian s.s. corp., 184 f.2d 758. in an exhaustive discussion, judge fee, for that court, expressed the view that the traditionally flexible and adaptable admiralty practice empowers a court to order a party to submit to pretrial oral examination. ..... process acts. but, as early as the first general admiralty rules of 1844, this court had provided for subsidiary rulemaking power by the district courts in terms fairly similar to those of the present general admiralty rule 44. see general admiralty rule 46 of 1844, 3 how. xiii. [ footnote 2/4 ] in the last-cited case, judge learned .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-18-1960
..... it. there are other subsidiary questions raised with reference to the validity of a second 30-day restraining order issued by the district judge and an injunction pending appeal under rule 62(c) of the federal rules of civil procedure. but since we have determined the main ..... , without securing approval other than such certificate . . . proceed with the . . . abandonment covered thereby. [ footnote 2/16 ]" (emphasis added.) and in the transportation act of 1958 (72 stat. 568), congress has empowered the commission, under stated conditions, to authorize the abandonment of "any train or ferry." [ footnote 2/17 ] however, ..... collective, rather than individualistic, bargaining. where combinations and consolidations of railroads might adversely affect the interests of employees, congress, in the interstate commerce act, has expressly required that, before approving such consolidations, the interstate commerce commission "shall require a fair and equitable arrangement to protect the interests of .....
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