Summary
holding that the federal appellate courts' "decision involv[ing] construction and application of federal statute . . . [are] binding on state courts"
Summary of this case from SFF-Tir, LLC v. StephensonOpinion
7 Div. 282.
March 28, 1935.
Appeal from Circuit Court, Etowah County; J. H. Disque, Judge.
Rains Rains and McCord McCord, all of Gadsden, for appellant.
Roger C. Suttle and O. R. Hood, both of Gadsden, for appellees.
In Harper v. Southern Coal Coke Co., 73 F.(2d) 792, the United States Circuit Court of Appeals for the Fifth Circuit, speaking through Walker, Circuit Judge, held that the "Remedies provided by National Industrial Recovery Act [48 Stat. 195] for violations of it are exclusive, and no suit by a private party for violation of the act is maintainable."
That decision involved a construction and application of the federal statute, and is binding on state courts. That decision disposes of this case, and necessitates an affirmance of the judgment of the circuit court.
Affirmed.
ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.