Ralph L. Born v. R. J. Laube

Ninth Circuit

Ralph L. Born v. R. J. Laube

214 F.2d 349, 15 Alaska 96

CourtCourt of Appeals for the Ninth Circuit

DecidedJuly 15, 1954

Docket13304_1

StatusPublished

Cited by3 cases

This text of 214 F.2d 349 (Ralph L. Born v. R. J. Laube) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ralph L. Born v. R. J. Laube, 214 F.2d 349, 15 Alaska 96 (9th Cir. 1954).

Pincite

Opinion

PER CURIAM.

The petition for rehearing is predicated largely upon the claim that our decision is in conflict with the intervening holding of the Supreme Court in United Construction Workers v. Laburnum Construction Corporation, 347 U.S. 656, 74 S.Ct. 833.

We have carefully considered the Laburnum decision and are of opinion that it is distinguishable inasmuch as the complaining party there, under the Labor Management Act, 29 U.S.C.A. § 151 et seq., was wholly without remedy in damages for the tortious conduct of the Union. Here the complaining employee had available the remedy of reinstatement with back pay. Moreover, unlike Laburnum, there was no violence or threat of violence which might serve to bring the cause within the area of the Territorial police power.

The petition for rehearing is denied.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The petition for rehearing is predicated largely upon the claim that our decision is in conflict with the intervening holding of the Supreme Court in United Construction Workers v. Laburnum Construction Corporation, 347 U.S. 656, 74 S.Ct. 833.

We have carefully considered the Laburnum decision and are of opinion that it is distinguishable inasmuch as the complaining party there, under the Labor Management Act, 29 U.S.C.A. § 151 et seq., was wholly without remedy in damages for the tortious conduct of the Union. Here the complaining employee had available the remedy of reinstatement with back pay. Moreover, unlike Laburnum, there was no violence or threat of violence which might serve to bring the cause within the area of the Territorial police power.

The petition for rehearing is denied.

Cite This Page — Counsel Stack

Bluebook (online)

214 F.2d 349, 15 Alaska 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ralph-l-born-v-r-j-laube-ca9-1954.

Opinion

Related

Cite This Page — Counsel Stack