Lake Charles Metal Tr. Council v. Newport Industries, 13096.
| Decision Date | 12 May 1950 |
| Docket Number | No. 13096.,13096. |
| Citation | 181 F.2d 820 |
| Parties | LAKE CHARLES METAL TRADES COUNCIL et al. v. NEWPORT INDUSTRIES, Inc. |
| Court | U.S. Court of Appeals — Fifth Circuit |
C. Paul Barker, New Orleans, La., Aubrey B. Hirsch, Baton Rouge, La., William R. Tete, Lake Charles, La., Frank M. Brame, Lake Charles, La., Joe T. Tritico, Lake Charles, La., for appellants.
Samuel Lang, New Orleans, La., for appellee.
Before HUTCHESON, Chief Judge, and BORAH and RUSSELL, Circuit Judges.
Appealing from a preliminary injunction issued August 9, 1949, restraining them from: (1) mass picketing by assembling in compact groups so as to physically obstruct or prevent ingress to, or egress from, its property, by Newport Industries, Inc., or any of its employees, or freedom of movement along the roads in or about said property; (2) threatening by violence to intimidate or coerce employees of Newport, or those seeking employment with it; and (3) obstructing, or attempting to obstruct, the free movement of its employees in or about its premises; defendants are here insisting that the order was beyond the power, and an abuse of the discretion, of the court, and may not stand.
Appellee, moving to dismiss the appeal as moot, supports its motion by affidavits showing: (1) that the building job being done on Newport's property by the Industrial Development Corporation of Louisiana, with whom, and not with Newport, the appellants, defendants below, had their dispute, was completed on December 1, 1949, that Industrial and its employees then withdrew from Newport's premises, and since that date no employee of Industrial has worked or been thereupon; (2) that peaceful picketing, which was not prohibited by the order, continued until September 6, 1949, but on that day it ceased, the pickets were withdrawn, and no picketing of any kind has been carried on since; and (3) that no criminal contempt proceedings have been filed against any of the defendants.
Insisting that, on the basis of this showing, it must be held that there is no longer any actual controversy involving real and substantial rights, and that the matters raised by the appeal are now moot, it supports this position by the citation1 of many authorities holding that an appellate court will not decide moot questions.
Appellants present no controverting affidavits, indeed they concede the facts to be as stated in the motion. They do not dispute, they concede appellee's contention that this court will not decide moot questions on an appeal. Their insistence is that, while it is true that the building operations conducted by Industrial, which caused the picketing, the suit, and the injunction, are over, and all picketing has ceased, the questions brought up for decision by the appeal are questions of great importance, and it is the duty of this court to "instruct, advise, nay to admonish Bench and Bar" in respect of them.
Further, they urge upon us that if the appeal is dismissed, this...
To continue reading
Request your trial
-
Waterbury Hospital v. Connecticut Health Care Associates
...quoting State ex rel. Johnston v. Tommy Burns, Inc., 188 Wash. 263, 264, 62 P.2d 47 (1936). See Lake Charles Metal Trades Council v. Newport Industries, Inc., 181 F.2d 820 (5th Cir. 1950); see also 5 Am.Jur.2d, Appeal and Error § Notwithstanding the foregoing circumstances, the appellant cl......
-
Gotthelf Knitting Mills, Inc. v. Local No. 222, N. J. Knitgoods Workers, Intern.
...on August 18, 1965 and thereafter did make the injunction suit moot from plaintiff's point of view. See Lake Charles Metal Tr. Council v. Newport Industries, 181 F.2d 820 (5 Cir. 1950). It remains, however, to determine whether the action was moot from defendants' point of view at the time ......
-
Chang Ah Ding v. United States, 16272.
...to vacate its judgment and dismiss the proceeding from the docket on the ground that the cause is moot. Lake Charles Metal Trades Council v. Newport Industries, 5 Cir., 181 F.2d 820 and cases cited; Alton v. Alton, 347 U.S. 610, 74 S.Ct. 736, 98 L.Ed. Remanded with directions to dismiss as ......
-
Eastwood v. Atlas Locksmith Solutions, L.L.C.
...an appeal from denial of preliminary injunction becomes moot when the underlying claim is dismissed); Lake Charles Metal Trades Council v. Newport Indus., 181 F.2d 820, 821 (5th Cir. 1950) (same). Based on these authorities, we conclude that this appeal must be dismissed as moot. Bank of Ne......