Magnesium Casting Co. v. Hoban, No. 7184.

CourtUnited States Courts of Appeals. United States Court of Appeals (1st Circuit)
Writing for the CourtALDRICH, , McENTEE and COFFIN, Circuit
Citation401 F.2d 516
PartiesMAGNESIUM CASTING CO., Plaintiff-Appellee, v. Albert J. HOBAN, Regional Director of the First Region of the National Labor Relations Board, et al., Defendants-Appellants.
Decision Date27 January 1969
Docket NumberNo. 7184.

401 F.2d 516 (1968)

MAGNESIUM CASTING CO., Plaintiff-Appellee,
v.
Albert J. HOBAN, Regional Director of the First Region of the National Labor Relations Board, et al., Defendants-Appellants.

No. 7184.

United States Court of Appeals First Circuit.

September 10, 1968.

Certiorari Denied January 27, 1969.


401 F.2d 517

Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, and Gary Green and Abigail Cooley Baskir, Attys., Washington, D. C., for appellants.

Louis Chandler, Jerome H. Somers and Stoneman & Chandler, Boston, Mass., for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

Certiorari Denied January 27, 1969. See 89 S.Ct. 720.

ALDRICH, Chief Judge.

This is a motion by the National Labor Relations Board and others, defendants appellants, for summary reversal for "manifest error." First Circuit Rule 5, July 1, 1968. The facts which afford the basis of our decision1 may be briefly stated.

In March 1968, a union2 filed a petition for election among certain employees of Magnesium Casting Co., plaintiff appellee herein. The customary formal hearing was conducted in April, and on May 22 the Regional Director ordered that an election be held on June 21. The plaintiff was directed to furnish a list of names and addresses of all eligible employees within seven days, pursuant to the so-called Excelsior rule. Excelsior Underwear, Inc., 156 N.L.R.B. 1236. Plaintiff furnished such a list on May 29.

On June 12, 1968, this court decided in Wyman-Gordon Co. v. N.L.R.B., 1 Cir., 397 F.2d 394, that the Excelsior rule had been promulgated in violation of the Administrative Procedure Act, and held that noncompliance therewith could not form the basis of a subpoena or order against the employer. Relying on this decision the present plaintiff, on June 17 and thereafter, requested the Board to set aside its May 22 decision and order. The Board refused. The election was conducted as scheduled, and the union won. In the district court the plaintiff then sought a mandatory injunction setting aside the election as void. The defendants moved to dismiss, inter alia attacking the jurisdiction of the court, asserting that the case was not one of voidability within Leedom v. Kyne, 1958, 358 U.S. 184, 79 S.Ct. 180, 3 L.Ed.2d 210. The court did not pass on this motion, but entered an interlocutory injunction against the defendants, enjoining them from certifying the results of the election pending the...

To continue reading

Request your trial
14 practice notes
  • Riverside Press, Inc. v. NLRB, No. 25783.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • September 11, 1969
    ...in post-election hearings, need not detain us. This claim was not only untimely made, see Magnesium Casting Co. v. Hoban, 1 Cir., 1968, 401 F.2d 516, cert. denied 393 U.S. 1065, 89 S.Ct. 720, 21 L.Ed.2d 7085 but frivolous in the light of the Board's wide discretion in fulfilling its section......
  • United States v. Jackson, Cr. No. M-81-00420.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • December 18, 1981
    ...S.Ct. at 791, quoting United States v. Rabinowitz, 339 U.S. 56, 66, 70 S.Ct. 430, 435, 94 L.Ed. 653 (1950). See United States v. Trotta, 401 F.2d at 516. In Opperman, the Court addressed the constitutionality of warrantless inventory searches under circumstances where the police have lawful......
  • Heath v. Wainwright, No. 26080.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 28, 1969
    ...387. The First Circuit has likewise upheld summary disposition without oral argument. See Magnesium Casting Co. v. Hoban, 1 Cir., 1968, 401 F.2d 516, cert. denied, 1969, 393 U.S. 1065, 89 S.Ct. 720, 21 L.Ed.2d 708. The Ninth Circuit, too, has adopted a rule providing for summary affirmance.......
  • Floyd v. Resor, No. 26731. Summary Calendar.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 24, 1969
    ...1173. The First Circuit has likewise upheld summary disposition without oral argument. See Magnesium Casting Co. v. Hoban, 1 Cir., 1968, 401 F.2d 516, cert. denied, 1969, 393 U.S. 1065, 89 S.Ct. 720, 21 L.Ed.2d 708. The Ninth Circuit, too, has adopted a rule providing for summary affirmance......
  • Request a trial to view additional results
14 cases
  • Riverside Press, Inc. v. NLRB, No. 25783.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • September 11, 1969
    ...in post-election hearings, need not detain us. This claim was not only untimely made, see Magnesium Casting Co. v. Hoban, 1 Cir., 1968, 401 F.2d 516, cert. denied 393 U.S. 1065, 89 S.Ct. 720, 21 L.Ed.2d 7085 but frivolous in the light of the Board's wide discretion in fulfilling its section......
  • United States v. Jackson, Cr. No. M-81-00420.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • December 18, 1981
    ...S.Ct. at 791, quoting United States v. Rabinowitz, 339 U.S. 56, 66, 70 S.Ct. 430, 435, 94 L.Ed. 653 (1950). See United States v. Trotta, 401 F.2d at 516. In Opperman, the Court addressed the constitutionality of warrantless inventory searches under circumstances where the police have lawful......
  • Heath v. Wainwright, No. 26080.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 28, 1969
    ...387. The First Circuit has likewise upheld summary disposition without oral argument. See Magnesium Casting Co. v. Hoban, 1 Cir., 1968, 401 F.2d 516, cert. denied, 1969, 393 U.S. 1065, 89 S.Ct. 720, 21 L.Ed.2d 708. The Ninth Circuit, too, has adopted a rule providing for summary affirmance.......
  • Floyd v. Resor, No. 26731. Summary Calendar.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 24, 1969
    ...1173. The First Circuit has likewise upheld summary disposition without oral argument. See Magnesium Casting Co. v. Hoban, 1 Cir., 1968, 401 F.2d 516, cert. denied, 1969, 393 U.S. 1065, 89 S.Ct. 720, 21 L.Ed.2d 708. The Ninth Circuit, too, has adopted a rule providing for summary affirmance......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT