Communist Party of United States v. McGrath

96 F. Supp. 47, 1951 U.S. Dist. LEXIS 2397

Opinions

LETTS and PINE, District Judge.

The preliminary relief sought must be denied since plaintiffs have not exhausted their administrative remedies and for the further reason that the public interest is paramount to any threatened loss or damage to plaintiffs pending final determination of the case. Furthermore, the constitutional questions raised by the plaintiffs can be saved before the Board and determined upon review by the United States Court of Appeals pursuant to the direction of Congress for judicial review of the Board’s actions under the controlling statute.

Counsel will submit for settlement findings of fact and conclusions of law and appropriate order denying the issuance of preliminary injunction.