304 U.S. 243 (1938), 801, International Ladies' Garment Workers' Union v. Donnelly Garment Co.

Docket Nº:No. 801
Citation:304 U.S. 243, 58 S.Ct. 875, 82 L.Ed. 1316
Party Name:International Ladies' Garment Workers' Union v. Donnelly Garment Co.
Case Date:May 16, 1938
Court:United States Supreme Court
 
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Page 243

304 U.S. 243 (1938)

58 S.Ct. 875, 82 L.Ed. 1316

International Ladies' Garment Workers' Union

v.

Donnelly Garment Co.

No. 801

United States Supreme Court

May 16, 1938

Argued April 27, 1938.

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF MISSOURI

Syllabus

1. A suit by an employer and a union of his employees to enjoin another labor organization from picketing, boycotting, and other interferences with his business upon the ground that the acts complained of are in furtherance of a conspiracy in violation of the Sherman Anti-Trust and Clayton Acts is triable before a single district judge, and a decree of interlocutory injunction granted therein is appealable to the Circuit Court of Appeals, and not directly to this Court. P. 247.

2. The provision of § 3 of the Act of Aug. 24, 1937, for a determination by three judges and direct appeal to this Court does not apply where an Act of Congress is merely "drawn in question," but only where there is an application to restrain enforcement of an Act of Congress. P. 248.

In the present case, the contention of plaintiffs that the Norris-LaGuardia Act (limiting jurisdiction to issue injunctions in labor disputes) was not applicable to the conduct of defendants, and would be invalid if otherwise interpreted, was but an anticipation of a defense, and did not constitute an application for injunction in any proper sense of the term as used in § 3.

3. This Court, in cases of decrees purporting to have been entered under § 3 of the Act of Aug. 24, 1937, has jurisdiction to determine whether the court below has acted within the authority conferred by the statute, and to make such corrective order as may be appropriate to the enforcement of the limitations which the statute imposes. Where appeal has erroneously been taken to this Court and the time for appeal to the Circuit Court of Appeals has expired, the decree will be vacated, and the cause remanded to the District Court for further proceedings to be taken independently of that section. P. 251.

Decree in 21 F.Supp. 807 vacated.

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Appeal from a decree of the District Court, three judges sitting, denying a motion to dismiss, and granting an interlocutory injunction. The suit, brought by the Donnelly Garment Company, in which the Donnelly Garment Workers' Union joined as plaintiff, was to enjoin the International Union from perpetrating alleged violations of the Sherman and Clayton Acts. For opinions below, see 21 F.Supp. 807, 814, 817; 20 id. 767.

Per curiam opinion.

PER CURIAM.

This is a direct appeal to this Court from a decree of the District Court, three judges sitting, denying a motion to dismiss the complaint and granting an interlocutory injunction. The question arises whether such an appeal lies.

Appellants rely upon the Act of August 24, 1937, c. 754, 50 Stat. 751. Section 3 of that act, the full text of which is quoted in the margin, * provides that

No interlocutory

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or permanent injunction suspending or restraining the enforcement, operation, or execution of, or setting aside, in whole or in part, any Act of Congress upon the ground that such Act or any part thereof is repugnant to the Constitution

Page 246

of the United States

shall be granted by a District Court "unless the application for the same" shall be heard and determined by three judges. When there is an application for such an injunction, three judges are to be convened,

Page 247

and the hearing of the application is to be expedited. An appeal may be taken directly to this Court from a decree "granting or denying, after notice and hearing, an interlocutory or permanent injunction in such case."

We are of the opinion that the instant case does not fall within these provisions. This is not a suit to restrain the enforcement of an act of Congress, and no application was made for such an injunction.

This suit was brought on July 5, 1937, by the appellees, Donnelly Garment Company and Donnelly Garment Sales Company, to obtain an injunction restraining the appellants, International Ladies' Garment Workers' Union, its officers and agents, from committing certain acts alleged to be in furtherance of a conspiracy in violation of the Sherman Anti-Trust Act and the Clayton Act (15 U.S.C., c. 1). The conduct sought to be restrained consisted of picketing, boycotting, and certain interferences with plaintiffs' business, their employees, and customers. Appellee Donnelly Garment Workers' Union and its...

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