Alton J. Bailey v. George Dixon

Fifth Circuit

Alton J. Bailey v. George Dixon

429 F.2d 1321, 74 L.R.R.M. (BNA) 2712, 1970 U.S. App. LEXIS 8392

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 30, 1970

Docket28679

StatusPublished

Cited by5 cases

This text of 429 F.2d 1321 (Alton J. Bailey v. George Dixon) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alton J. Bailey v. George Dixon, 429 F.2d 1321, 74 L.R.R.M. (BNA) 2712, 1970 U.S. App. LEXIS 8392 (5th Cir. 1970).

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Opinion

PER CURIAM:

This is an appeal from an order of the United States District Court for the Eastern District of Louisiana temporarily enjoining the International Longshoremen’s Association from imposing a trusteeship over Local Union No. 1830.

In Jolly v. Gorman, 5th Cir. 1970, 428 F.2d 960, this Court held that a valid trusteeship must be authorized or ratified after a fair hearing. It is clear in this case that the trusteeship imposed on Local No. 1830 was not authorized by a fair hearing, but the International argues that because it could have later ratified the trusteeship by a fair hearing, the trial judge should not have issued the preliminary injunction. This is an issue that must be decided on the facts of each case, and we have determined that there is nothing in the record of this case showing an abuse of discretion by the district judge; and therefore his allowance of a preliminary injunction is affirmed.

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PER CURIAM:

This is an appeal from an order of the United States District Court for the Eastern District of Louisiana temporarily enjoining the International Longshoremen’s Association from imposing a trusteeship over Local Union No. 1830.

In Jolly v. Gorman, 5th Cir. 1970, 428 F.2d 960, this Court held that a valid trusteeship must be authorized or ratified after a fair hearing. It is clear in this case that the trusteeship imposed on Local No. 1830 was not authorized by a fair hearing, but the International argues that because it could have later ratified the trusteeship by a fair hearing, the trial judge should not have issued the preliminary injunction. This is an issue that must be decided on the facts of each case, and we have determined that there is nothing in the record of this case showing an abuse of discretion by the district judge; and therefore his allowance of a preliminary injunction is affirmed.

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429 F.2d 1321, 74 L.R.R.M. (BNA) 2712, 1970 U.S. App. LEXIS 8392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alton-j-bailey-v-george-dixon-ca5-1970.

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