80 S.Ct. 18 (1959), English v. Cunningham

Citation80 S.Ct. 18, 4 L.Ed.2d 42
Party NameJohn F. ENGLISH et al., Petitioners, v. John CUNNINGHAM et al.
Case DateAugust 04, 1959
CourtUnited States Supreme Court

Page 18

80 S.Ct. 18 (1959)

4 L.Ed.2d 42

John F. ENGLISH et al., Petitioners,

v.

John CUNNINGHAM et al.

United States Supreme Court.

Aug. 4, 1959

OPINION

Page 19

Mr. Justice FRANKFURTER, as Acting Circuit Justice.

This is an application for a stay of the decree entered on July 9, 1959, by the United States Court of Appeals for the District of Columbia Circuit against the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, hereafter called the Teamsters, and certain of their officers, who, together with the Teamsters, will be called defendants. The litigation was initiated by thirteen members of locals of the Teamsters (one of whom has dissociated himself from the rest), to be called plaintiffs. This application is in effect a review of the refusal of the Court of Appeals to grant such a stay.

The basis of the application is to enable defendants to file a petition for certiorari to review the decree of the Court of Appeals, the validity of which they propose to challenge and the enforcement of which, pending potential review and potential reversal here, will, they claim, cause them irreparable damage. Since the contemplated petition for certiorari cannot be considered prior to the reconvening of this Court on October 5, 1959, the threshold question on this application is whether the issues which defendants plan to bring before the Court are not of such a legal nature that they may fairly be deemed so lacking in substantiality as to preclude a reasonable likelihood of satisfying the considerations governing review on certiorari, as guided by Rule 19, 28 U.S.C.A., and the practice of the Court. Informed by the illuminating opinion of Judge Fahy, 106 U.S.App.D.C. 70, 92, 269 F.2d 517, 539, and having had the advantage to hear elucidation of the issues by counsel for the parties and by the Chairman of the Board of Monitors appointed by the

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United States District Court for the District of Columbia, as provided by a consent decree entered January 31, 1958 (the scope of which underlies the immediate litigation), I cannot say, on a balance of probabilities, that these issues may not commend themselves to at least four members of this Court as warranting review here of the decree below. I am confirmed in this view by the candid acknowledgment of the Chairman of the Board of Monitors and counsel for plaintiffs that serious legal questions are at stake.

Accordingly, the matter before me is reduced to the very narrow question whether I should overrule the discretion exercised by the Court of Appeals in refusing a stay of its mandate until October 12, which is the earliest day when this Court, in the normal course of affairs, will determine whether to...

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