October Term, 1969. Workers of the Seafarers Int'l Union) v. Board of Trustees of Galveston Wharves, 400 F.2d 320 (5th Cir. Co., 308 U.S. 542 (1939); R. Robertson & F. Kirkham, Jurisdiction of the Supreme Court § 441 (R. Wolfson & P, Kurland ed.1951). and S. S. Clerks, Freight Handlers, Express and Station Employees, AFL-CIO v. Florida East Coast Ry. For several reasons, we cannot accept the contention. R. Co. v. Railroad Trainmen, 336 F.2d 172 (C.A. Amazon.in - Buy Atlantic Coast Line Railroad Co. V. Brotherhood of Locomotive Engineers U.S. Supreme Court Transcript of Record with Supporting Pleadings book online at best prices in India on Amazon.in. See Brotherhood of R. R. Trainmen v. Jacksonville Terminal Co. (394 U.S. 369, 89 S.Ct. 634, 79 L.Ed. England v. Louisiana State Board of Medical Examiners, 375 U.S. 411, 84 S.Ct. . Meanwhile the employer obtained from a state court an injunction against any picketing on or near its premises. CERTIORARI TO THE UNITED STATES COURT OF APPEALS. 220, 24 L.Ed.2d 177 (1969). Many of the Framers of the Constitution felt that separate federal courts were unnecessary and that the state courts could be entrusted to protect both state and federal rights. Rather we are convinced that the union in effect tried to get the Federal District Court to decide that the state court judge was wrong in distinguishing the Jacksonville Terminal decision. Atlantic Coast Line R. Co. v. Brotherhood of Locomotive Engineers. Therefore the state court's assumption of jurisdiction over the state law claims and the federal preclusion issue did not hinder the federal court's jurisdiction so as to make an injunction necessary to aid that jurisdiction. P. 398 U. S. 296. (Co.), 346 F.2d 673 (5th Cir. 2 Record 104—105. In that case the Court considered the validity of a state injunction against picketing by the BLE and other unions at the Jacksonville Terminal, located immediately next to Moncrief Yard. But that is exactly what has occurred in the present case. This Court decided that the District Court had authority to enjoin the state proceedings so that it would have 'unfettered power to decide for or against the union, and to write such decree as it deemed necessary in order to effectuate the policies of the Act.' But that decision is entirely different from a decision that the Railway Labor Act precludes state regulation of the picketing as well, and this latter decision is an essential prerequisite for upholding the 1969 injunction as necessary 'to protect or effectuate' the 1967 order. After the federal injunction was issued, in proceedings brought by ACL to stay the effectiveness of the order, BLE adhered to its position that the state injunction, if not enjoined, would nullify the District Court's 1967 order delineating the rights of the parties. 2d 344 (1969). Held: The federal injunction was not justified under the exceptions in § 2283, and thus was improperly issued in this case. App. July 16, 1969. In this Court the union asserts that the determination that it was 'free to engage in self-help' was a determination that it had a federally protected right to picket and that state law could not be invoked to negate that right. The categorization of Defendants' activities as 'secondary' does not alter this state of affairs. I do not disagree with much that is said concerning the history and policies underlying 28 U.S.C. Thus, § 2283 itself evinces a congressional intent that. The Court concluded furthermore that Defendants herein 'are now free to engage in self-help.' Workers of the Seafarers Int'l Union v. Board of Trustees of Galveston Wharves, supra. App. When the Florida Circuit Court enjoined the picketing, the United States District Court could, in order to protect and effectuate its prior determination, enjoin enforcement of the state court injunction. The lawyer then proceeded to argue that the Jacksonville Terminal case had clearly revealed that the right of self-help is beyond state court proscription in these circumstances. App. Cf. Citation 398 US 281 (1970) Argued. Decided by Case pending. The union's lawyer replied: 'Right. 195—196. My disagreement with the Court in this case is a relatively narrow one. Decided by Case pending. ", "6. This case is by no means an easy one. Retrouvez Atlantic Coast Line Railroad Co. V. Brotherhood of Locomotive Engineers U.S. Supreme Court Transcript of Record with Supporting Pleadings et des millions de livres en stock sur Amazon.fr. Indeed, the federal determination that BLE may picket at the Moncrief Yard has been rendered wholly ineffective by the state injunction. 477. This dispute resulted in compromise. Only the Supreme Court was authorized to review on direct appeal the decisions of state courts. 398 U. S. 294-296. England v. Louisiana State Board of Medical Examiners, 375 U. S. 411 (1964). Nor was an injunction necessary because the state court may have taken action which the federal court was certain was improper under the Jacksonville Terminal decision. [Footnote 2/2] As I read the record, however, BLE also argued that the state injunction should either be dissolved or enjoined so that it would not interfere with the federal court's 1967 decree. See ibid. At no point did the union appear to argue that the federal court had already determined that the railroad was precluded from obtaining an injunction under Florida law. Therefore, the state court's assumption of jurisdiction over the state law claims and the federal preclusion issue did not hinder the federal court's jurisdiction so as to make an injunction necessary to aid that jurisdiction. Our reading of this record is not altered by the District Court's 1969 opinion issued when the injunction was granted two years after the 1967 order was entered. 129, 84 L.Ed. Such a modification of an earlier order through an opinion in another case is not a "judgment" that can properly be protected by an injunction against state court proceedings. The District Judge's reliance upon Capital Service, Inc. v. NLRB, 347 U.S. 501, 74 S.Ct. 1 Record 509—510. The Anti-Injunction Statute is designed to prevent state courts from undermining a prior judgment of a federal court, which is the situation here. 1 Record 30—31. Pp. [Footnote 2] As soon as this picketing began ACL went into federal court seeking an injunction. 1109), 22 L.Ed.2d 344 (1969). In short, we feel that the District Court, in 1967, determined that federal law could not be invoked to enjoin the picketing at Moncrief Yard, and that the union did have a right "to engage in self-help" as far as the federal courts were concerned. § 101 et seq. 215, 218, 84 L.Ed. Litigants who foresaw the possibility of more favorable treatment in one or the other system would predictably hasten to invoke the powers of whichever court it was believed would present the best chance of success. Although the union had not been formally served with the complaint and had not filed an answer, it appeared at a hearing on a motion for a temporary restraining order and argued against the issuance of such an order. My disagreement with the Court in this case is a relatively narrow one. Thus, in moving for a preliminary injunction against the state court proceedings, BLE relied both upon Jacksonville Terminal and upon the power of the District Court to issue the injunction 'to protect and effectuate the judgment of this Court dated April 26, 1967.' In Capital Service, the NLRB sought an injunction against certain picketing under § 10(1) of the National Labor Relations Act, 29 U.S.C. 738, 29 U.S.C. 887) (1954); (United Indus. Atlantic Coast Line R. Co. v. Locomotive Engineers, 396 U.S. 1201 (1969) Atlantic Coast Line R. Co. v. Brotherhood of Locomotive Engineers. § 2283, therefore, does not deprive this Court of jurisdiction to enter the injunction in this instance. We know, from the (Jacksonville Terminal) decision * * *.' The conduct of the FEC pickets and that of the responding ACL employees are a part of the FEC-BLE major dispute. ... "Atlantic Coast Line Railroad Company v. Brotherhood of Locomotive Engineers." There is no present labor dispute between the ACL and the BLE or any other ACL employees. No further legal action was taken in this dispute until two years later in 1969, after this Court's decision in Brotherhood of Railroad Trainmen v. Jacksonville Terminal Co., 394 U.S. 369, 89 S.Ct. § 101, and the Clayton Act, 29 U.S.C. 396 U.S. 1201. Brotherhood of Railroad Trainmen v. Jacksonville Terminal Co., 394 U.S. 369 , 89 S.Ct. This interpretation of the order is supported by the fact that the District Judge relied upon Brotherhood of Locomotive Engineers v. Baltimore & Ohio R. Co., 372 U.S. 284, 83 S.Ct. sought an injunction in federal court against the picketing activities of the Brotherhood of Locomotive Engineers, which was picketing a railroad yard in Florida that Atlantic owned and operated. The Court of Appeals affirmed. * * *. 699, 98 L.Ed. Docket no. Mar 2 - 3, 1970. In relevant part, that order included these conclusions of law: "3. ___. The parties to the BLE-FEC 'major dispute,' having exhausted the procedures of the Railway Labor Act, 45 U.S.C. 1965). There an injunction was granted in the Florida state courts to restrain the union from picketing the entire terminal. 1968), a fact ignored by the Court, is particularly significant, for both of these cases sustained injunctive relief against state court proceedings that threatened to impair the ability of the federal courts to make their judgments effective. I do not disagree with much that is said concerning the history and policies underlying 28 U.S.C. It is hardly surprising that BLE emphasized the Jacksonville Terminal decision in the state proceedings to dissolve the state injunction, and this reliance is hardly inconsistent with the position that the federal court in 1967 had authoritatively delineated BLE's federally protected right to strike at the Moncrief Yard. The first two counts alleged violations of the Railway Labor Act, 45 U.S.C. A consideration of the factual context of the latter case is instructive in understanding BLE's position below. At no point during the entire argument did either side refer to state law, the effects of that law on the picketing, or the possible preclusion of state remedies as a result of overriding federal law. ", 1 Record 249. The respondents here have intimated that the Act only establishes a 'principles of comity,' not a binding rule on the power of the federal courts. The Court of Appeals held that the union had a right to strike under the Railway Labor Act and that that right could not be frustrated or interfered with by state court injunctions. In Capital Service the NLRB sought an injunction against certain picketing under § 10(l) of the National Labor Relations Act, 29 U.S.C. In an attempt to clarify the basis of this argument, the District Judge asked: "You are basing your case solely on the Norris-LaGuardia Act?" The categorization of Defendants' activities as 'secondary' does not alter this state of affairs. ), aff'd, 385 U. S. 20 (1966). Such a modification of an earlier order through an opinion in another case is not a 'judgment' that can properly be protected by an injunction against state court proceedings. In sum, to the extent that the argument of counsel is an interpretive guide to what the District Court actually decided in its 1967 and 1969 orders, the Court's conclusion that the record 'conclusively shows that neither the parties themselves nor the District Court construed the 1967 order' to preclude resort to state remedies to prohibit the Moncrief Yard picketing (ante, at 293) is wholly erroneous. This area often involves the doctrine of pre-emption, since Congress has regulated it so heavily that the state courts often lack authority to issue injunctions. 537 (1940); Hill v. Martin, 296 U.S. 393, 403, 56 S.Ct. Capital Service, Inc. v. NLRB, 347 U.S. 501 (74 S.Ct. Moreover, it was not a proper way to protect or give effect to the federal court's earlier order, or to aid its jurisdiction. In this case, the Florida Circuit Court enjoined the union's intended picketing, and the United States District Court enjoined the railroad "from giving effect to or availing [itself] of the benefits of" that state court order. Similarly if, because of the Florida Circuit Court's action, the union faced the threat of immediate irreparable injury sufficient to justify an injunction under usual equitable principles, it was undoubtedly free to seek such relief from the Florida appellate courts, and might possibly, in certain emergency circumstances, seek such relief from this Court as well. The case arose in the following way. Atlantic Coast Line Railroad Company (ACL) (plaintiff) owned Moncrief yard, a railroad switching yard near Jacksonville, Florida. In the first place, it should be noted that the argument of counsel is not always a sure guide to the interpretation of a subsequent judicial decree or opinion, because it not infrequently happens, in this Court as well as others, that a decision is based on premises not elaborated by counsel. 5th Cir. At no point during the entire argument did either side refer to state law, the effects of that law on the picketing, or the possible preclusion of state remedies as a result of overriding federal law. The Court seeks to bolster its own reading of the District Court's 1967 and 1969 orders by finding them "somewhat ambiguous," and then by referring to the arguments of counsel before that court and the state court both in 1967 and 1969. When the railroad initiated the federal suit it filed a complaint with three counts, each based entirely on alleged violations of federal law. District Judge's declaration that BLE had a federally protected right to strike at the Moncrief Yard. § 2283. 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