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300 F.2d 151

Docket No. 5917.

Goldberg v. Ross

First Circuit Court of Appeals

Decided March 12, 1962.

First Circuit Court of Appeals · decided 1962-03-12

2 counsel of record

Applies 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956)

Relies on United States v. Swift & Co. · L. Metcalfe Walling, Administrator of the Wage & Hour Division, Etc. v. Harnischfeger Corporation

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1962-03-12

How this case has been cited

Cited by 13 later decisions — most recently April 1981

11 federal appellate · 1 state decisions

80196219701980decided

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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¶1Jacob I. Karro, Attorney, Washington, D. C., with whom Charles Donahue, Solicitor of Labor, Morton Liftin, Assistant Solicitor, Sigmund R. Balka, Attorney, Washington, D. C., and Thomas L. Thistle, Regional Attorney, Boston, Mass., were on brief, for appellant.

¶2Jacob Stone, Boston, Mass., for appellee.

¶3Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

¶4PER CURIAM.

¶5For some eight years, seemingly even after the issuance of a permanent injunction by consent, appellee repeatedly violated the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. A year following the last discovered violation appellee moved in the district court to have the injunction “cancelled” on the ground that it was a restriction on its business, which it described as highly competitive. The court, having found without any basis except talk that the injunction caused appellee “irreparable damage,” and having found no change in circumstances in appellee’s methods of operation, granted the motion. The injunction, of course, merely directed appellee to do what the law obliged him to do in the first place. It requires a strong showing to justify the requested relief. United States v. Swift & Co., *1521926, 286 U.S. 106, 52 S.Ct. 460, 76 L.Ed. 999; Walling v. Harnischfeger Corp., 7 Cir., 1957,242 F.2d 712. There was nothing here approaching this.

¶6Judgment will be entered vacating the order of the District Court dissolving the injunction and ordering the injunction reinstated.

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