Bowen v. James Vernor Co.

Sixth Circuit

Bowen v. James Vernor Co.

89 F.2d 968, 1937 U.S. App. LEXIS 3647

CourtCourt of Appeals for the Sixth Circuit

DecidedMay 13, 1937

DocketNo. 7305

StatusPublished

Cited by1 cases

This text of 89 F.2d 968 (Bowen v. James Vernor Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bowen v. James Vernor Co., 89 F.2d 968, 1937 U.S. App. LEXIS 3647 (6th Cir. 1937).

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Opinion

PER CURIAM.

This court thought that Carter v. Carter Coal Co., 298 U.S. 238, 56 S.Ct. 855, 80 L.Ed. 1160, and the authorities there relied on, required a holding in Fruehauf Trailer Co. v. National Labor Relations Board (C.C.A.) 85 F.(2d) 391, that the trailer company, in its relation to,its employees there involved, was not subject to regulation by Congress under the commerce clause of the Constitution of the United States (article 1, § 8, cl. 3). The Supreme Court, on review of the decision, held that it was. National Labor Relations Board v. Fruehauf Trailer Company, 57 S.Ct 642, 81 L.Ed. -, decided April 12, 1937. There is no substantial difference between the status of that company and its employees to commerce and that of the appellee here, James Vernor Company, and its employees. We again follow the latest decisions of the Supreme Court and hold that the decree herein should be vacated, the motion for an injunction denied, and the bill dismissed. It is so ordered.

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PER CURIAM.

This court thought that Carter v. Carter Coal Co., 298 U.S. 238, 56 S.Ct. 855, 80 L.Ed. 1160, and the authorities there relied on, required a holding in Fruehauf Trailer Co. v. National Labor Relations Board (C.C.A.) 85 F.(2d) 391, that the trailer company, in its relation to,its employees there involved, was not subject to regulation by Congress under the commerce clause of the Constitution of the United States (article 1, § 8, cl. 3). The Supreme Court, on review of the decision, held that it was. National Labor Relations Board v. Fruehauf Trailer Company, 57 S.Ct 642, 81 L.Ed. -, decided April 12, 1937. There is no substantial difference between the status of that company and its employees to commerce and that of the appellee here, James Vernor Company, and its employees. We again follow the latest decisions of the Supreme Court and hold that the decree herein should be vacated, the motion for an injunction denied, and the bill dismissed. It is so ordered.

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Bluebook (online)

89 F.2d 968, 1937 U.S. App. LEXIS 3647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowen-v-james-vernor-co-ca6-1937.

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