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GARMENT WORKERS' UNION V. DONNELLY GARMENT CO., 304 U. S. 243 (1969)
U.S. Supreme Court
Garment Workers' Union v. Donnelly Garment Co., 304 U.S. 243 (1938)
International Ladies' Garment Workers' Union v.
Donnelly Garment Co.
Argued April 27, 1938.
Decided lay 16, 1938
304 U.S. 243
1. A suit by an employer and a union of his employees to enjoin another labor organization from picketing, boycotting, and other interferences with his business upon the ground that the acts complained of are in furtherance of a conspiracy in violation of the Sherman Anti-Trust and Clayton Acts is triable before a single district judge, and a decree of interlocutory injunction granted therein is appealable to the Circuit Court of Appeals, and not directly to this Court. P. 304 U. S. 247.
2. The provision of § 3 of the Act of Aug. 24, 1937, for a determination by three judges and direct appeal to this Court does not apply where an Act of Congress is merely "drawn in question," but only where there is an application to restrain enforcement of an Act of Congress. P. 304 U. S. 248.
In the present case, the contention of plaintiffs that the Norris-LaGuardia Act (limiting jurisdiction to issue injunctions in labor disputes) was not applicable to the conduct of defendants, and would be invalid if otherwise interpreted, was but an anticipation of a defense, and did not constitute an application for injunction in any proper sense of the term as used in § 3.
3. This Court, in cases of decrees purporting to have been entered under § 3 of the Act of Aug. 24, 1937, has jurisdiction to determine whether the court below has acted within the authority conferred by the statute, and to make such corrective order as may be appropriate to the enforcement of the limitations which the statute imposes. Where appeal has erroneously been taken to this Court and the time for appeal to the Circuit Court of Appeals has expired, the decree will be vacated, and the cause remanded to the District Court for further proceedings to be taken independently of that section. P. 304 U. S. 251.
Decree in 21 F.Supp. 807 vacated.
Appeal from a decree of the District Court, three judges sitting, denying a motion to dismiss, and granting an interlocutory injunction. The suit, brought by the Donnelly Garment Company, in which the Donnelly Garment Workers' Union joined as plaintiff, was to enjoin the International Union from perpetrating alleged violations of the Sherman and Clayton Acts. For opinions below, see 21 F.Supp. 807, 814, 817; 20 id. 767.
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