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Ralph L. Born v. R. J. Laube

Ralph L. BORN, Appellant, v. R. J. LAUBE Et Al., Appellees

Born v. R. J. Laube, 214 F.2d 349 (9th Cir. 1954)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
July 15, 1954
Docket
No. 13304_1
Judges
Healy, Orr, Lemmon
Citations
214 F.2d 34915 Alaska 96

Opinion — Per Curiam

PER CURIAM.

The petition for rehearing is predicated largely upon the claim that our decision is in conflict with the intervening holding of the Supreme Court in United Construction Workers v. Laburnum Construction Corporation, 347 U.S. 656 , 74 S.Ct. 833 .

We have carefully considered the Laburnum decision and are of opinion that it is distinguishable inasmuch as the complaining party there, under the Labor Management Act, 29 U.S.C.A. § 151 et seq., was wholly without remedy in damages for the tortious conduct of the Union. Here the complaining employee had available the remedy of reinstatement with back pay. Moreover, unlike Laburnum, there was no violence or threat of violence which might serve to bring the cause within the area of the Territorial police power.

The petition for rehearing is denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1955: 11958: 119552026peak 1955 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
United Constr. Workers v. Laburnum Constr. Corp., 347 U.S. 656 (1954) 354

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