Correa & Tirado v. Arthur J. Goldberg, Secretary of the United States Department of Labor

First Circuit

Correa & Tirado v. Arthur J. Goldberg, Secretary of the United States Department of Labor

299 F.2d 573, 1962 U.S. App. LEXIS 5854, 44 Lab. Cas. (CCH) 31,245

Court of Appeals for the First Circuit·Decided February 20, 1962·No. 5857·Published

Opinion

PER CURIAM.

One week before this case was set for trial plaintiff filed a motion for summary judgment, the granting of which it can support only by asking the court to take judicial notice of such generalities as would raise a broad and possibly nonexistent issue similar to the one we declined to pass upon unnecessarily in Compania De Ingenieros Y Contratistas, Inc. v. Goldberg, 1 Cir., 1961, 289 F.2d 78, but two weeks before. The plaintiff should know that it is wasted effort to lead a reluctant horse to water.

Judgment will be entered vacating the judgment and restraining order of the District Court and remanding the action for further proceedings not inconsistent herewith.

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PER CURIAM.

One week before this case was set for trial plaintiff filed a motion for summary judgment, the granting of which it can support only by asking the court to take judicial notice of such generalities as would raise a broad and possibly nonexistent issue similar to the one we declined to pass upon unnecessarily in Compania De Ingenieros Y Contratistas, Inc. v. Goldberg, 1 Cir., 1961, 289 F.2d 78, but two weeks before. The plaintiff should know that it is wasted effort to lead a reluctant horse to water.

Judgment will be entered vacating the judgment and restraining order of the District Court and remanding the action for further proceedings not inconsistent herewith.

Correa & Tirado v. Arthur J. Goldberg, Secretary of the United States Department of Labor, 299 F.2d 573, 1962 U.S. App. LEXIS 5854, 44 Lab. Cas. (CCH) 31,245 (1st Cir. 1962).

Pincite

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Opinion

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