Kellner v. Metcalf

Decided Feb. 3, 1953.

Second Circuit Court of Appeals · decided 1953-02-03

2 counsel of record

Applies 29 U.S.C. § 157 (§ 7 of the National Labor Relations Act) · 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act)

Relies on National Labor Relations Board v. Dinion Coil Co. · Rabouin v. National Labor Relations Board · Cusano v. National Labor Relations Board

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1953-02-03

How this case has been cited

Cited by 19 later decisions — most recently September 1986

14 federal appellate · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1John D. Shaw, Anchorage, Alaska, for appellant.

¶2Seaborn J. Buckalew, Anchorage, Alaska, for appellee.

¶3Before MATHEWS, STEPHENS and ORR, Circuit Judges.

¶4PER CURIAM.

¶5This appeal was taken on January 14, 1952, in a habeas corpus proceeding (No. A-7424) in the District Court for the Territory of Alaska, Third Division. It purports to be an appeal from a judgment denying a petition for a writ of habeas corpus. Actually, there was no such judgment. Appellant, a prisoner in custody of appellee, a deputy United States marshal, petitioned the District Court for a writ of habeas corpus on December 26, 1951. The writ was issued on December 26, 1951, and was served on appellee on December 27, 1951. Appellee filed a return and produced the body of appellant before the District Court on December 28, 1951. Hearings were had on December 28, 1951, January 4, 1952, and January 11, 1952, but no judgment was ever signed, filed or entered. Therefore the appeal is dismissed.