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BORN v. LAUBE

United States Court of Appeals, Ninth Circuit
Jul 15, 1954
214 F.2d 349 (9th Cir. 1954)

Opinion

No. 13304.

July 15, 1954.

Denying rehearing, C.A., 213 F.2d 407, which affirmed, D.C., 101 F. Supp. 473.

Bailey E. Bell, William H. Sanders, Anchorage, Alaska, for appellant.

James E. Swan, Peter J. Kalamarides, Anchorage, Alaska, Sam Bassett, Bassett, Geisness Vance, Seattle, Wash., for appellee.

Norman W. Harris, Decatur, Ala., amicus curiæ.

Before HEALY, ORR, and LEMMON, Circuit Judges.


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.


Summaries of

BORN v. LAUBE

United States Court of Appeals, Ninth Circuit
Jul 15, 1954
214 F.2d 349 (9th Cir. 1954)
Case details for

BORN v. LAUBE

Case Details

Full title:Ralph L. BORN, Appellant, v. R.J. LAUBE et al., Appellees

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 15, 1954

Citations

214 F.2d 349 (9th Cir. 1954)
15 Alaska 96

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