Atlantic Coast Line Co v. Brotherhood of Locomotive Engineers

Decision Date01 October 1969
Citation90 S.Ct. 9,24 L.Ed.2d 23,396 U.S. 1201
CourtU.S. Supreme Court

Dennis G. Lyons, Frank X. Friedmann, Jr., David M. Foster, John W. Weldon, and John S. Cox, on the application.

Allan Milledge and Richard L. Horn, in opposition.

Mr. Justice BLACK, Circuit Justice.

This is an application presented to me by the railroad to stay enforcement of an injunction issued by the United States District Court for the Middle District of Florida against the enforcement of a state court injunction restraining the union from picketing around the Moncrief Yard in Florida, a classification yard owned by the Seaboard Coast Line, the successor company to the Atlantic Coast Line Railroad. The picketing is being carried on because of a strike against the Florida East Coast Railway by its employees; there is no dispute between the Seaboard Coast Line or the Atlantic Coast Line and their employees. The union wishes to picket the Moncrief Yard, however, because many of the Florida East Coast cars are switched into it in order to carry on that railroad's business.

At the last Term of this Court we had before us a question involving the picketing of the Jacksonville Terminal Company at Jacksonville, Florida, owned and operated by the Florida East Coast, Seaboard, Atlantic Coast Line, and Southern railroads. There an injunction was granted in the Florida state courts to restrain the union from picketing the entire terminal. This Court in a 4-to-3 opinion decided that the picketing was protected by federal law and therefore could not be enjoined by Florida. Brotherhood of Railroad Trainmen v. Jacksonville Terminal Co., 394 U.S. 369, 89 S.Ct. 1109, 22 L.Ed.2d 344 (1969). The union here substantially relies on that case, insisting that it has the same federally protected right to picket at the Moncrief Yard that this Court held it could exercise at the Jacksonville Terminal. The District Court here enjoined the railroad from utilizing a state court injunction against picketing at Moncrief and refused and railroad's request to stay the effectiveness of its injunction pending appeal. The Court of Appeals, however, did grant an application to suspend the effectiveness of the District Court injunction for ten days, which expires tomorrow—July 17. The question before me is whether I should suspend the effectiveness of that injunction pending a review of the...

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10 cases
  • Atlantic Coast Line Railroad Company v. Brotherhood of Locomotive Engineers
    • United States
    • U.S. Supreme Court
    • June 8, 1970
    ...application a stay of that injunction, pending the filing and disposition of a petition for certiorari, was granted. 396 U.S. 1201, 90 S.Ct. 9, 24 L.Ed.2d 23 (1969). The Court of Appeals summarily affirmed on the parties' stipulation, and we granted a petition for certiorari to consider the......
  • Grove Press, Inc. v. Evans
    • United States
    • U.S. District Court — Eastern District of Virginia
    • March 12, 1970
    ...its jurisdiction, or to protect or effectuate its judgments. In an opinion in chambers in the case of Atlantic Coast Line v. Engineers, 396 U.S. 1201, 90 S.Ct. 9, 24 L.Ed.2d 23 (1969), Mr. Justice Black in denying enforcement of a Federal District Court injunction against State Court procee......
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    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • August 14, 2002
    ... ... pervasively sectarian test is based on the line of cases beginning with Tilton [v. Richardson, ... ...
  • California Educational Facilities Authority v. Priest
    • United States
    • California Supreme Court
    • September 25, 1974
    ... ... 2105, 2111), and concedes that today the 'line of separation, far from being a 'wall,' is a ... ...
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