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Supreme Court — Part 8

109 pages · May 11, 2026 · Document date: Jun 11, 1958 · Broad topic: General · Topic: Supreme Court · 109 pages OCR'd
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*.. ‘4 é @. go: over the country and could not be adequately controlled. hat ras the du ty of the Government? Should it sit by and permit this strike to occur? -- Or should it proceed at once to obtain a judicial determination that the contract was still in effect, and that the purported notice issued by the defendants was a nullity. That was the course the Government determined to take--the only course which held promise of immediate relief and of preventing irreparable injury to the Nation. Seelkin;, to avoid the pending disaster to the country,,the Government re- sorve: to the courts--where every American should go for a determination of his rights. | The corplaint was brought under the Declaratory Judgment Act end ole tar leged tne undisputed facts of the controversy. It prayed for a declara- tory juazment, seeking a determination that the defendants had no ri or Buthority to terminate the Krur=-Le.is Agreement, and that the notice issued by the defendants on November 15th was unlawful and void. As ancillary relief we sought a temporary restraining order to prevent ire reparabie injury to the United States and its people, and to preserve the jurisdiction of the court. ‘his was to maintain the status-quo-=to keep the defendants from stopping the operation of the mines by inducing, er coercing the miners to leave their work. The complaint and the afe# fidavits supporting the prayer for an injunction set forth specifically Tt. - oe result to the United States from the action of the defendants in causing a wort stoppage. In seeking this relief the defendants say our position 4s inconsistent “ with our statement in the millwork and patterned lumber case from California. (Carpenters' Union v. United States) 1 tried that case in the lower court. -It was an indictment under the antitrust laws. That oase affected only
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