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: Court of Appeals for the First Circuit
• Decided: February 20, 1962
• Docket: 5857
• Status: 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.