U.S. Court of Appeals for the First Circuit, 1962

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

U.S. Court of Appeals for the First Circuit · Decided February 20, 1962 · Woodbury, Aldrich, Ganey

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

Counsel

Walter L. Newsom, Jr., San Juan, P. R., with whom Enrique Cordova Diaz and Brown, Newsom & Cordova, San Juan, P. R., were on brief, for appellant., Morton Liftin, Asst. Sol., Washington, D. C., with whom Charles Donahue, Solicitor of Labor, Beate Bloch, Attorney, Washington, D. C., and Kenneth P. Montgomery, Regional Attorney, San Juan, P. R., were on brief, for appellee.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.