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Empresa Hondurena De V Apores, S.A. v. McLeod

UNITED STATES COURT OF APPEALS, SECOND CIRCUIT.


December 20, 1961

EMPRESA HONDURENA DE VAPORES, S.A., PLAINTIFF-APPELLANT
v.
IVAN C. MCLEOD, REGIONAL DIRECTOR, SECOND REGION, NATIONAL LABOR RELATIONS BOARD, DEFENDANT-APPELLEE.

Author: Marshall

Before LUMBARD, Chief Judge, FRIENDLY and MARSHALL, Circuit Judges.

MARSHALL, C.J.: This appeal raises serious questions as to the power of the National Labor Relations Board to order an election originally directed for December 17, 1961, but stayed by order of the District Court for the District of Columbia, on Honduran registered vessels, and as to the jurisdiction of the District Court to review it. The proceedings before the Board culminating in its order of November 15, 1961, lasted many months. The government of Honduras through its ambassador has expressed concern over the Board's decision. Although normally we would not be disposed to find irreparable damage in the mere holding of an election, the international aspects of this case lead us to a different view, especially in view of the lack of any showing that a postponement necessary to proper consideration of the case will be prejudicial. Accordingly we stay the election pending our determination of this appeal. Needless to say, this action on our part intimates no view how we will ultimately decide any of the serious issues here presented.

19611220

© 1998 VersusLaw Inc.



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