U.S. Court of Appeals for the D.C. Circuit, 1963

National Mediation Board, Leverett Edwards, Individually, Etc. v. Air Line Pilots Association, International

U.S. Court of Appeals for the D.C. Circuit · Decided July 12, 1963 · Bazelon, Miller, Wright

323 F.2d 305; 116 U.S. App. D.C. 300; 53 L.R.R.M. (BNA) 2785; 1963 U.S. App. LEXIS 4659 (Federal Reporter, Second Series)

Counsel

Mr. Howard E. Shapiro, Washington, D. C., for appellants., Mr. Herbert A. Levy, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Martin F. O’Donoghue, Jr., Washington, D. C., was on the pleadings, for appellees.

Cases that cite this one

22 later published cases cite this decision. The 19 that cite it most often are listed here.

Sampson v. Murray (Supreme Court of the United States 1974)
Levine v. Comcoa Ltd. (11th Cir. 1995)
Network Technical Services, Inc. v. D.C. Data Co. (D.C. 1983)
Hoechst Diafoil Company v. Nan Ya Plastics Corporation (4th Cir. 1999)
Nutrasweet Company v. Vit-Mar Enterprises, Inc. (3d Cir. 1997)
Nutrasweet Co. v. Vit-Mar Enterprises, Inc. (3d Cir. 1997)
SEC v. Comcoa Ltd. (11th Cir. 1995)
Levine v. Comcoa Ltd. (11th Cir. 1995)
CoBen v. Apland (In re Golden Plan of California) (United States Bankruptcy Appellate Panel of The Ninth Circuit 1984)
National City Bank v. Battisti (6th Cir. 1977)
Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70 (Supreme Court of the United States 1974)
Pan American World Airways, Inc. v. International Brotherhood of Teamsters (District Court, S.D. New York 1967)
Toledo v. U.S. Department of State (District Court, District of Columbia 2023)
Open Technology Fund v. Pack (District Court, District of Columbia 2020)
Trinidad Corp. v. District No. 1-Pacific Coast District, Marine Engineers' Beneficial Ass'n (D.C. Cir. 1983)
Lewis v. Baune (5th Cir. 1976)
County of Nassau v. Cost of Living Council (Temporary Emergency Court of Appeals 1974)
Stamicarbon, N v. V. Escambia Chemical Corporation (5th Cir. 1970)
Appalachian Volunteers, Inc. v. Charles Clark, Edward Lee Blankenship v. Clarles Clark (6th Cir. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

On June 18, 1963, the District Court entered a temporary restraining order enjoining the National Mediation Board from taking steps to conduct a representation election in a labor dispute between competing unions and American Airlines, Inc. On June 27, as it had a right to do, 1 the District Court extended the restraining order to July 5. When that day arrived, the District Court again extended the restraining order to July 15; and this appeal challenges that action as unauthorized.

An order extending a temporary restraining order beyond the 20 days allowed by Civil Rule 65(b) is tantamount to the grant of a preliminary injunction. Pan American World Airways v. Flight Eng. Intern. Assoc., 306 F.2d 840 (2nd Cir., 1962); Sims v. Greene, 160 F.2d 512 (3rd Cir., 1947). We thus have jurisdiction under 28 *306 U.S.C. § 1292(a) (1). A preliminary injunction must be supported by findings of fact and conclusions of law (Civil Rule 52(a)). Here, no supporting findings and conclusions were filed. The order complained of was therefore not a valid preliminary injunction.

Accordingly, we remand the case to the District Court with directions to dissolve its order of July 5, 1963.

It is so ordered.

WRIGHT, Circuit Judge, did not participate in the hearing or the foregoing order.

. Civil Rule 65(b) provides in pertinent part:

“ * * * Every temporary restraining order * * * shall expire by its terms within such time after entry, not to exceed 10 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. » * *»

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