Charles D. Bonanno Linen Service, Inc. v. McCarthy, 75-1397
| Decision Date | 06 April 1976 |
| Docket Number | No. 75-1397,75-1397 |
| Citation | 532 F.2d 189 |
| Parties | 91 L.R.R.M. (BNA) 2792, 78 Lab.Cas. P 11,317 CHARLES D. BONANNO LINEN SERVICE, INC., et al., Plaintiffs, Appellees, v. William J. McCARTHY et al., Defendants, Appellants. |
| Court | U.S. Court of Appeals — First Circuit |
James T. Grady, Boston, Mass., with whom Grady & McDonald, Boston, Mass., was on brief, for defendants-appellants.
Thomas V. Urmy, Jr., Boston, Mass., with whom John F. Sherman, III, Warner & Stackpole, and Lepie & Coven, Boston, Mass., were on brief, for plaintiffs-appellees.
Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.
In June, 1975, following a breakdown in negotiations, the defendant Local # 25, Teamsters, struck the Bonanno Linen Company. The other five plaintiff linen companies, members of a multi-employer bargaining group along with Bonanno, responded with a lock-out. In early August, plaintiffs filed suit in Massachusetts court and gave notice of their intention to seek a temporary restraining order. The defendants removed the case to federal court, where a district judge held a hearing during which he received affidavits detailing acts of violence; but he declined to issue an order after receiving the assurances of a union field representative that the violence would cease. In the first week of September, however, violence flared up again, and, after another hearing at which oral testimony was taken, the judge did issue an order. Defendants appealed, arguing that the order violates several provisions of the Norris-LaGuardia Act. *
This court's jurisdiction is premised upon 29 U.S.C. § 110, which allows appeals of temporary injunctions but not temporary restraining orders. The hearing below was held with a view to a restraining order, and the order at issue is so labelled, but we find jurisdiction under the following unique circumstances of this case. The district judge offered to hold a hearing on a temporary injunction within the requisite five-day period, but the appellants rejected that offer, insisting instead on an immediate appeal and stipulating to an indefinite extension of the order for that purpose. They now urge us to treat the order as a temporary injunction. Appellees argue that it would be wrong to take jurisdiction and reverse in these circumstances, but urge that the interest of judicial economy would be served by affirming the order as a temporary injunction if we find that the requirements for such an injunction have been met. The stricter preconditions to issuance of a temporary injunction would preclude sole reliance on affidavits and include the necessity of notifying the appropriate chiefs of police. However, the district court's written opinion does not reflect a reliance on the affidavits, stressing instead the oral testimony, and there was also testimony of notification to the appropriate police departments. In any event, by stipulating to an indefinite extension of the order and asking us to treat it as a temporary injunction, appellants appear to us to have waived any technical deficiencies in this respect. Moreover, we find that the oral evidence at the hearing was sufficient by itself to support a temporary injunction. We therefore treat the order as a temporary injunction and find jurisdiction over the appeal.
Appellants argue first that the district court failed to make findings "that the public officers charged with the duty to protect complainant's property are unable or unwilling to furnish adequate protection" as required under 29 U.S.C. § 107(e). This ignores the clear language of the district court's findings of fact, issued several weeks after the order: "The police, though willing, were unable to afford plaintiffs adequate protection", and "(T)he possibility for increased violence was very high." In reaching...
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Charles D. Bonanno Linen Service, Inc. v. McCarthy
...for a federal injunction. They obtained a temporary restraining order prohibiting further violence. See Charles D. Bonanno Linen Serv., Inc. v. McCarthy, 532 F.2d 189 (1st Cir.1976). In April 1976, all of the companies but Bonanno voluntarily dismissed their claims. The case then lay dorman......
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US Airways, Inc. v. USA Airline Pilots Ass'n, 3:11–cv–371–RJC–DCK.
...terms) to liability for damages or criminal responsibility” and not to requests for injunctive relief. Charles D. Bonanno Linen Serv., Inc. v. McCarthy, 532 F.2d 189, 191 (1st Cir.1976); see also Mayo v. Dean, 82 F.2d 554, 556 (5th Cir.1936) (Section 6 “might prevent punishment for contempt......
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Jacksonville Maritime Ass'n v. International Longshoremen's Ass'n
...to indicate that the phrase encompasses only "governmental machinery . . . of voluntary arbitration." See Charles D. Bonanno Linen Serv. Inc. v. McCarthy, 532 F.2d 189 (CA1, 1976). ...
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Charles D. Bonanno Linen Service, Inc. v. McCarthy
...parties was treated as a temporary injunction, was affirmed by the First Circuit on March 15, 1976. See Charles D. Bonanno Linen Service, Inc. v. McCarthy, 532 F.2d 189 (1st Cir.1976). 4 Unlike a yard dog, which is trained to attack automatically any intruder other than its handler, an atta......