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89 F.2d 661

Docket Nos. 5888, 5994.

Beman v. Bendix Products Corp.

Seventh Circuit Court of Appeals

Decided April 30, 1937.

Seventh Circuit Court of Appeals · decided 1937-04-30

Cited by 2 later decisions — most recently January 1940

1 federal appellate ·

3 counsel of record

Applies 29 U.S.C. § 151 (§ 1 of the National Labor Relations Act)

Relies on National Labor Relations Board v. Jones & Laughlin Steel Corp. · Associated Press v. National Labor Relations Board · Washington, Virginia & Maryland Coach Co. v. National Labor Relations Board

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1937-04-30

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¶1Charles 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.

¶2Edwin H. Cassels and Robert B. John-stone, both of Chicago, 111., for appellee Bendix Products Corporation.

¶3Ralph F. Lesemann, of East St. Louis, 111., for appellee Weil-Kalter Mfg. Co.

¶4Before SPARKS, Circuit Judge, and LINDLEY and BRIGGLE, District Judges.

¶5PER CURIAM.

¶6Each of the above appeals is from a decree of the District Court, granting in-junctive 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.

¶7Since 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.

¶8The decrees are reversed, and the causes remanded to the District Court with directions to dissolve the temporary injunctions and dismiss the bills.

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